A self-represented litigant's commencement of proceedings in a court lacking jurisdiction to grant the relief sought is a proper basis for an order for indemnity costs, and the litigant's self-represented status does not preclude such an order. Even a reasonably arguable case that a costs discretion miscarried may be insufficient to warrant leave to appeal from a costs-only order where the costs of the appeal may exceed the difference between ordinary and indemnity assessment.
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