Where a judgment debtor's controllers and associated entities offer undertakings to meet the debtor's obligations in the event of a successful appeal, and those parties are shown to have substantial net assets, the balance of convenience may not favour a stay even where the judgment debtor itself has insufficient assets to repay the judgment sum. Non-party undertakings should include a submission to an order for payment within a specified time, enabling enforcement under UCPR r 39.49 as if the non-party were a party.
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