Where a challenge to a substantive order itself requires leave under s 127(2)(c) of the District Court Act 1973 (NSW), joining a challenge to a costs order does not remove the leave requirement — each paragraph of s 127(2) must be considered separately. The proportionality of costs to the amount in dispute, as required by s 60 of the Civil Procedure Act 2005 (NSW), is a significant factor weighing against a grant of leave where trial costs already vastly exceed the amount recoverable. A possible misapplication of a well-established legal principle (such as Hadley v Baxendale) is insufficient to warrant leave where the principle itself is not in doubt and the amount in issue is below the statutory threshold.
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