A respondent's concession that an appeal is arguable may relieve the court of the necessity to form its own preliminary view of the prospects of success. Where an applicant for a stay faces irreparable financial loss that cannot be ameliorated by a court order even if the appeal succeeds, and the stay would restore the status quo that existed without difficulty, the balance of convenience favours a stay.
The full text is available to signed-in members, including the 1 later case that cites this judgment.