Read the full judgment text of HCMP 769/2002 on BabelCite. This High Court CFI judgment was delivered on 19 January 2006.
1. In order to obtain a stay pending appeal, the applicant needs to show that the appeal is a bona fide one and that a refusal of a stay will render the appeal nugatory meaning that a refusal of a stay will have a seriously deleterious effect on the appellant. Mr Whitehead S.C., in resisting the application, has stressed this latter aspect in particular. Some background is necessary.