Pre-deposit compliance and late financial documents failed to justify modification of the stay order, but time to deposit was extended.

The Tribunal declined to modify the stay order on the basis of balance sheets produced after the stay hearing, noting that those documents were not before it when the original stay application was decided and that the earlier order had already considered the merits and financial position of the appellant. As no deposit had yet been made in compliance with the pre-deposit direction, the Tribunal only extended the time for deposit by four weeks. The interim stay therefore continued, but the appeal remained pending subject to compliance with the deposit requirement.

---

---

Issues: Whether the appellant was entitled to modification of the stay order on the basis of balance sheets produced later, and whether the direction to deposit the pre-deposit amount should be varied.

Analysis: The Tribunal noted that the balance sheets were not produced at the time of hearing of the stay application and that the stay order had already been passed after considering the merits of the case and the financial position of the appellant. The Tribunal also recorded that no deposit had been made in compliance with the earlier direction.

Conclusion: Modification of the stay order was declined, and the time for deposit was extended by four weeks.

Final Conclusion: The interim stay direction remained operative with an enlarged period for compliance, and the appeal was kept pending subject to deposit.

---