The four considerations from Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) continue to govern applications for stays pending special leave applications to the High Court. An applicant who is unemployed and without assets, and who provides no material to indicate capacity to satisfy an undertaking as to damages, will face difficulty on the balance of convenience. Where the applicant's interest in the subject property is purely financial and a fund is likely to be created from development of the property, the balance of convenience may weigh against a stay.
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