The Court granted a conditional stay of a mandatory work order and damages judgment pending appeal in a nuisance case involving water escape between neighbouring properties. The stay was conditioned on the defendants undertaking to seek expedition of the appeal and to prosecute it with all due expedition, and on the provision of an irrevocable bank guarantee in the amount of $76,920.94 in favour of the plaintiff. The Court applied the standard two-stage test from Alexander v Cambridge Credit Corporation Ltd, finding arguable grounds of appeal and a real risk of prejudice if the mandatory work order were enforced and subsequently set aside.
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