A history of substantial dividend payments by a judgment creditor that has wound down its operations, combined with the absence of any undertaking as to how the judgment sum would be dealt with, can give rise to a sufficient risk of dissipation to justify a stay pending appeal. Where both parties are in financial difficulty, the balance of convenience may require the stay to be conditioned on payment of the judgment sum into court. An applicant for a stay should arrange funds promptly after the primary decision, not wait until the stay application hearing.
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