McKessar v John Durham Pascoe as trustee for Samson Street Superannuation Fund

Appeal grounds challenging a trial judge's credibility findings will generally have no reasonable prospects of success unless they demonstrate error by reference to incontrovertible facts, uncontested testimony, glaringly improbable findings, or palpable misuse of the trial judge's advantage. A ground raising a question of documentary construction is different in character and may have reasonable prospects even where other grounds do not. Where an appellant faces bankruptcy from enforcement of the judgment, the appeal may be rendered nugatory, supporting a stay even where most grounds lack prospects, provided at least one ground has reasonable prospects.