A stay pending appeal of an interlocutory mandatory injunction ordering payment of money may be granted where there is a real risk of non-recovery if the appeal succeeds, even where the primary judge found the applicant for the injunction had a strong prima facie case. The financial position of the party receiving the money, including the likelihood that funds will be dissipated within a corporate group, is a significant factor. An undertaking as to damages, combined with proposed set-offs, may be insufficient to warrant declining a stay where the financial position of the party giving the undertaking is precarious.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.