Principle

CIVIL PROCEDURE – Stay of Execution – Arguable Jurisdictional Grounds Constitute Special Circumstances

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Jurisdictional issues are fundamental. An arguable jurisdictional ground in an appeal may justify a stay. The principle applies because a judgment from a court without jurisdiction is a nullity. The court will balance the competing rights of the parties. The rule promotes judicial efficiency. The…

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