A stay or injunction pending special leave to appeal requires demonstration that the prospects of a grant of special leave are better than insubstantial. Where the proposed appeal involves only the application of settled principles of contractual construction to particular contract provisions, without raising a question of public importance, the threshold is not met. An applicant who can avoid the harm it fears by tendering payment in substitution for performance bonds will find the balance of convenience weighing against the grant of an injunction.
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