A stay of enforcement of a Court of Appeal judgment will be granted pending a special leave application to the High Court where the application is strongly arguable (even if not likely to succeed) and there is a real risk the respondent cannot effect restitution if the judgment is reversed. Evidence of minimal paid-up capital, failure to file annual returns, and absence of real property ownership may establish the risk of inability to effect restitution.
The full text is available to signed-in members.