The legal position
An appeal ordinarily does not suspend the judgment’s operation. A separate application may be necessary before payment, possession or another irreversible step takes place.
If property is sold or transferred, or funds cannot later be recovered, success on appeal may not restore the original position. Urgency should be assessed alongside the applicable procedural rules.
Our legal approach
Address the governing legal tests
Appeal prospects: present a supported assessment showing substantive grounds rather than an unmeritorious challenge.
Balance of convenience: demonstrate the likely harm from immediate enforcement and the difficulty of restoring the position if the appeal succeeds.
Propose appropriate security
Consider guarantees, escrow or other safeguards that protect the respondent while relief is sought.
Apply to the proper court promptly
Identify the competent court and sequence of applications under the applicable procedure.
Situations requiring urgent assessment
Possession orders concerning a home or operating business.
Demolition orders affecting a structure or addition.
Substantial payments where recovery from the recipient may be doubtful.
Mandatory orders or receivership sales transferring property to a third party.
The consequences of delay
Enforcement may proceed without waiting for the appeal.
Prompt action is needed where the timetable creates a risk of irreversible harm.
The route forward
Initial assessment
Examine the judgment, decisions and record to isolate the legal error and assess urgency.
Strategy development
Formulate focused appellate grounds, identify the relief and prepare the procedural and evidential record.
Representation & action
File and conduct proceedings in the appropriate court, including urgent applications where necessary.
Stays of Execution
Articles & Insights
Practical questions, considerations and a wider perspective
Stay of Execution: Prospects & Convenience
Frequently asked questions
The period depends on the decision and court. We promptly check the applicable deadline and whether an extension application is needed.