Where a court orders a liquidator to pay costs personally without a right of indemnification from company assets, the order is not one 'as to costs only which are in the discretion of the court' under s 101(2)(c) Supreme Court Act 1970 (NSW), and the liquidator has a right of appeal without leave. This principle extends to any case where a costs order against a trustee, executor, liquidator or legal practitioner is based on a finding of misconduct in the performance of their office. The general question of whether all costs orders against non-parties attract a right of appeal without leave remains open in NSW.
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