Where monies have been paid into court by consent as security pending determination of a challenge to an adjudication decision under BIFA, and the consent order includes the words 'or further order', the court will construe the order as contemplating that the security may be maintained pending appeal. A stay of payment-out orders in such circumstances is not equivalent to a Mareva injunction. The balance of prejudice will favour a stay where the monies would be irretrievably disbursed if released, particularly where the appeal can be heard expeditiously.
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