Principle

APPELLATE PRACTICE — Stay of Execution — Onus on Applicant — Need to Show Special Circumstances

Area of law
APPELLATE PRACTICE
Court
Supreme Court

The applicant for a stay of execution bears the burden of demonstrating special or exceptional circumstances. The applicant must show that the balance of justice weighs in his favour. The standard is high because the judgment is presumed correct. Special circumstances vary by case; no…

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