In a stay application concerning transfer of real property, the court will assess whether the property has irreplaceable value to the applicant or is merely an economic asset. Where the applicant's attachment is purely economic, the respondent's undertakings not to sell and to limit additional encumbrances, combined with security over other property, may be sufficient to tip the balance of convenience against a stay. A stay applicant who retains the benefit of an order while seeking to avoid its burden acts inconsistently, which weighs against the grant of a stay.
The full text is available to signed-in members.