A costs order may be stayed pending appeal where the appeal raises an important issue of general significance on which the appellant has reasonable prospects of success, and enforcement could lead to the appointment of a liquidator and stultify the appeal. On security for costs, the respondent is entitled to an adjournment to test the appellant's evidence on stultification by issuing subpoenas to directors, shareholders and related entities of the appellant company. The question whether the Supreme Court's supervisory jurisdiction under s 69 extends to non-jurisdictional error of law on the face of the record in relation to adjudicators' determinations under the Security of Payment Act remains unresolved.
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