Catchwords:

APPEALS — leave to appeal — principles governing — whether reasonably clear injustice rising above merely arguable — where dispute is a factual matter of practice and procedure — where orders of primary judge were as to costs only

COSTS — party/party — court’s discretion — where primary judge made interlocutory order that the applicant was taken to have been served with interlocutory process — whether preconditions for exercise of discretion by primary judge were satisfied