The wife appealed against a decision refusing a stay of possession. The case concerned a foreign currency loan. The Court of Appeal noted it could review a decision refusing a stay when:
- there is a dispute as to whether the power of sale has arisen; or
- the validity of the mortgage is in issue;
- there is evidence that the mortgage can be redeemed in a short period of time by a proposal that seems reasonable on its face.
A stay was refused because:
- there was not a strong case for appeal;
- the trial judge found that the borrower understood the exchange rate risks;
- the debt exceeded the value of the property;
- the bank had judgment against the husband and was entitled to possession against him alone in any event.