Where a party to an appeal has been declared bankrupt and leave under s 58(3) of the Bankruptcy Act 1966 (Cth) is required to continue the appeal, the practical effect of refusing a temporary stay — which would force the appellant to abandon a meritorious appeal — is a significant factor favouring the grant of a stay. The removal of the subject matter of the appeal (here, the caveat) and provision of the facility that prompted the removal reduces any disadvantage to the respondent from delay.
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