The test for competency of an appeal as of right under s 101(2)(r)(i) of the Supreme Court Act 1970 requires the appellant to show that the claim to damages of $100,000 or more is 'at least credible' and 'not unrealistic', assessed on the assumption that all grounds of appeal succeed. Where the primary judge's adverse findings on reputation are founded on the very credit and truth findings challenged on appeal, those findings cannot be relied upon to defeat competency. A costs assessment will not be stayed pending appeal where there is no evidence of financial inability to contest the bill and the respondent agrees to pay the costs of contesting on an indemnity basis if the appeal succeeds.
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