A stay of execution of a costs order pending appeal will not be granted where the applicant fails to demonstrate impecuniosity or real prejudice from payment, and there is no suggestion the respondent would be unable to repay if the appeal succeeds. An undertaking by the respondent to give notice before enforcement does not cure the deficiency in the application. Late-filed affidavits that are not foreshadowed and do not advance the filing party's case may be excluded from costs orders.
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