A stay pending an application for special leave to appeal to the High Court will be refused where no submissions or evidence are advanced in support, the case turns on concurrent findings of fact, and no principled basis is identified for the High Court to grant special leave. The case confirms that the absence of substantial prospects of success on the special leave application is ordinarily fatal to a stay application, and that the rare exception recognised in Rinehart v Welker requires factors of such significance as to overcome that absence.
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