LEGAL PRINCIPLE: APPELLATE PRACTICE — Stay of Execution — Matters That May Constitute Special Circumstances
PRINCIPLE STATEMENT
Matters that may constitute special circumstances include the plaintiff's inability to refund the money if the appeal succeeds, or that the appeal has great merit and enforcement would be ruinous to the appellant.
RATIO DECIDENDI (SOURCE)
"One of the matters that could be taken into account might well be that when the money is paid, the plaintiff will be unable to refund it in case the appeal succeeds: see Barker v. Lavery (1885) 14 Q.B.D. 769; Atkins v. Great Western Railway Co. (1886) 2 T.L.R. 400. Or that the appeal has great merit and that to enforce the judgment or order in the meantime will be ruinous to the appellant."
EXPLANATION / SCOPE
Special circumstances for stay include: (1) the plaintiff’s inability to refund the money if the appeal succeeds (financial irresponsibility); (2) the appeal has great merit and enforcement would be ruinous to the appellant. These are established grounds. The court assesses the respondent’s financial position. The appellant must provide evidence of the respondent’s inability to refund. The “great merit” ground requires a strong showing that the appeal is likely to succeed. Ruinous consequences must be demonstrated, not merely alleged. The court balances these factors against the respondent’s right to enjoy the judgment. The list is not exhaustive. Each case turns on its own circumstances. The principle protects appellants from irreparable harm.
