A stay of a District Court judgment pending appeal will be granted where the appeal would be rendered nugatory without it, particularly where the appellant's only recourse to assets (here, a caveat over real property) depends on the judgment being stayed, the respondents are in a financially precarious position, and the appeal is not hopeless. Proper preparation of stay applications requires an affidavit from the applicant's solicitor setting out the background and basis for the application.
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