LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Special Circumstances – Strong Grounds of Appeal Not Sufficient Alone
PRINCIPLE STATEMENT
'Special circumstance' though may include strong and substantial ground of appeal, this alone may not be enough; a strong and substantial ground of appeal does not necessarily mean the appeal may succeed; certainly the court must be wary of such ground so as not to prejudge the substantive appeal.
RATIO DECIDENDI (SOURCE)
"'Special circumstance' though may include strong and substantial ground of appeal, this alone may not be enough. A strong and substantial ground of appeal does not necessarily mean the appeal may succeed: certainly the court must be wary of such ground so as not to prejudge the substantive appeal."
EXPLANATION / SCOPE
Strong grounds of appeal, while relevant, are insufficient alone to warrant stay. “May include…but…not enough” means: strong grounds are factor but not decisive, must combine with other circumstances, and don’t automatically justify stay. Reasons for insufficiency: (1) Strong grounds don’t guarantee success—appeals with apparently strong grounds fail; (2) Assessing ground strength risks prejudging appeal—stay courts shouldn’t determine appeal merits; (3) Every unsuccessful party believes their grounds are strong—can’t be universal justification. Courts must balance: considering ground strength (relevant factor) against avoiding merits assessment (prejudging appeal). “Wary…not to prejudge” warns: stay applications aren’t mini-appeals, courts shouldn’t decide appeal likelihood on stay motion, and premature merit assessment is inappropriate. This serves: maintaining distinction between stay and appeal, preventing stay courts from usurping appellate function, and ensuring stay focuses on protecting interests pending appeal, not deciding appeal merits. Strong grounds may contribute to special circumstances when combined with: risk of irreparable harm, preservation necessity, or other compelling factors—but alone insufficient. This prevents every disappointed litigant obtaining stay by claiming strong grounds.