In Queensland, an appeal against a discretionary costs order cannot be entertained without leave of the judge who made the order, as required by s 9 of The Judicature Act 1876 (Qld). The English decision in Wheeler v Somerfield [1966] 2 QB 94, which held that a genuine complaint on substantive matters confers jurisdiction to also review costs, is not followed in Queensland. The character of the order appealed against, not the form of the appeal, determines whether leave is required.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
5 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.