The NSWCA applies a less stringent test than the High Court for stays pending special leave applications, requiring the stay to be 'appropriate' (per Sibuse) rather than requiring 'exceptional circumstances'. However, even under this less stringent test, an impecunious applicant who cannot provide security must still demonstrate that the appeal raises serious questions for the appellate court. An application for special leave that seeks to challenge findings of fact based on assessment of competing witnesses has no prospects of success.
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