The Court found that the order sought to be stayed was a negative order, only capable of execution as to costs, and thus not subject to a stay of execution. Further, while the intended appeal was not deemed frivolous, the applicant failed to demonstrate how the appeal would be rendered nugatory if stay was not granted. The Court also noted the issue of the notice of appeal being filed out of time, raising questions as to its competence. As the applicant did not satisfy both requirements for the grant of stay—arguability of the appeal and risk of the appeal being rendered nugatory—the application failed.