The case applies the well-established test for stay of execution pending appeal in Victoria, confirming that proposed grounds of appeal directed solely to findings of fact, without any identified prejudice from enforcement, do not constitute special or exceptional circumstances. Where the applicant does not reside in the property subject to a possession order and disclaims ownership, no unfair prejudice arises from refusal of a stay. The balance of prejudice favours the successful party where the secured debt exceeds the property value and continues to accrue interest.
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