Concessions made by counsel before a primary judge that the court would be justified in making orders and that the material supported the orders sought are inconsistent with grounds of appeal challenging the exercise of discretion, and will result in the appeal being assessed as having no realistic prospects of success for the purposes of a stay application. Where a co-owner in bankruptcy seeks to prevent a trustee's sale pending resolution of a related dispute about quantum, the appropriate forum for such an application may be the Federal Court rather than the state court exercising jurisdiction under s 66G.
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