Stay of Execution

A court order suspending or postponing enforcement of a judgement. A stay may be granted on the debtor's application where there are compelling reasons: for example, a pending appeal, a set aside application, or exceptional hardship that would result from enforcement.

In practice

The debtor applies to the court that made the enforcement order. The court has wide discretion and will consider factors including whether the debtor has a realistic prospect of paying, whether enforcement would cause exceptional hardship, and whether the creditor's interests are adequately protected (for example, by continued instalment payments). A stay may be unconditional or subject to conditions such as payment by a specified date.