When an enforcement debtor has no practical capacity to pay interlocutory costs and enforcement would result in bankruptcy without any real monetary recovery for the creditor, the 'fruits of victory' factor carries limited weight in the stay analysis. The public interest in access to justice and the right of an individual to litigate a claim that is not without merit are relevant competing interests. However, this does not establish a general rule that interlocutory costs orders will be stayed; in the ordinary case where the debtor can pay and the creditor needs the funds, a stay will not normally be ordered. On standard basis costs assessment, counsel's fees must be confined to what is 'necessary or proper for the attainment of justice' — not what maximises a party's chances of success.
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