An applicant for leave to appeal from an interlocutory costs order must demonstrate both error by the primary judge and that injustice would result if the order stands. Issues not adequately ventilated below will generally not be entertained on appeal, particularly in relation to interlocutory costs orders. The question whether counsel's fees fall within the statutory costs cap under s 180 of the Civil Law (Wrongs) Act 2002 (ACT) was left unresolved.
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