Where post-judgment freezing orders are already in place protecting the judgment creditor, this is a relevant factor in the exercise of discretion to grant a stay of execution pending appeal, directly impacting the fairness assessment. A judgment debtor who fails to provide comprehensive evidence of assets and liabilities will not discharge the onus for an unconditional stay, but a conditional stay requiring payment of a proportion of the judgment debt as security may still be granted. The amount of security need not be limited to what the applicant proffers and may be set at a level the court considers fair having regard to the magnitude of the judgment and the deficiencies in the evidence.
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