An appellant in NSW with a bona fide substantive ground of appeal as of right may challenge a costs order without leave, even if the substantive ground fails, and the criticism in Road Chalets should not be followed.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
8 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.