A factual error in a discretionary costs order does not establish a House v The King error where the discretion is otherwise supportable on other grounds, including that the proceedings were commenced without a basis in law. The small amount in issue on a costs appeal (here, no more than $4,000 difference between indemnity and ordinary costs) may be decisive against the grant of leave to appeal, having regard to case management principles and proportionate allocation of court resources.
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