The Court discharged a stay of a writ of possession where the defendants failed to comply with a consent order requiring payment of $270,000 as a condition of the stay, and where the alternative bases for continuing the stay — refinancing and a prospective sale — were found to be speculative and unreliable on the evidence. The Court emphasised that where evidence as to the availability of finance and the genuineness of a proposed sale is inconsistent and unreliable, and where the defendants' instructions to counsel have proven unreliable, the discretion to maintain a stay will not be exercised. The lifting of the stay does not prevent the defendants from repaying the loan in full at any point.
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