Orders made on summary judgment are not liable to collateral attack through an appeal against consequential or ancillary costs orders. A party who wishes to challenge the jurisdiction or propriety of a summary judgment hearing must do so at the time or by direct appeal, not through a subsequent costs appeal. The principle from [name withheld] v Southern Cross Mine Management Pty Ltd that no liability to pay costs arises until the costs order is made (and thus a post-bankruptcy costs order is not a provable debt) was confirmed as correctly applied.
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