The correct test for a stay of enforcement under r 800(1) of the UCPR (Qld) is whether it is appropriate to grant a stay in the particular circumstances of the case, not whether special or exceptional circumstances exist. This is the same test as applies to stays pending appeal under r 761. To the extent Virgtel Ltd v [name withheld] (No 2) suggested a test of special or exceptional circumstances for r 800, it should not be followed. Delay in prosecuting the underlying claim and in bringing the stay application, and the merits of any counterclaim including defences to it, are relevant considerations.
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