Where the only consequence of refusing a stay pending a special leave application is the loss of ability to recover costs (rather than the appeal itself being rendered nugatory), the extraordinary jurisdiction to grant a stay is not readily attracted. The court whose judgment is under challenge may assess the prospects of the special leave application with some confidence. Proposed grounds that amount to a retraversing of the facts at trial, without identifying a point of law or public importance, will not satisfy the threshold requirement of a substantial prospect that special leave will be granted.
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