A stay of a judgment entered under the Building and Construction Industry Security of Payment Act 2002 (Vic) may be granted where there is a real risk the appeal will be rendered nugatory, particularly where conditioned on payment into court and an expedited hearing. The Court of Appeal left open whether a higher threshold than the usual 'real risk' test applies to stays of security of payment judgments. Vague and unsupported evidence of a respondent's financial position may be insufficient to displace doubts about its viability as a going concern.
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