The Court of Appeal retains a residual discretion to refuse leave to appeal against a costs order even where the proposed appeal has some prospect of success, having regard to the exceptional nature of costs appeals, the absence of substantial injustice, and whether the case is an appropriate vehicle for resolving any question of principle raised. The question whether a proceeding commenced in the name of a deregistered company is a nullity remains unresolved in Victoria.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
9 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.