44Appeals as to costs only, and appeals by a person admitted to sue or defend as a poor person

### 44 Appeals as to costs only, and appeals by a person admitted to sue or defend as a poor person > > (1)  *\[Section 44 Subsection (1) amended by 25 Geo. V No. 60, s. 2 \]*No appeal shall lie to a Full Court from any judgment or order given or made by a judge, whether sitting in court or in chambers, as to costs only, which are by any statute or any Order or Rule of Court left to the discretion of the judge, except – > > > > > > (a) by leave of the judge giving such judgment or making such order; > > > > > > > (b) in cases in which the judge has declined or failed to exercise the discretion; or > > > > > > > (c) in cases in which the judge has proceeded on a wrong principle or otherwise contrary to law, or on irrelevant or insufficient materials, or has failed to consider any material fact. > > > (2)  No person who has been admitted to institute or defend or be a party to any proceeding in the Court as a poor person, shall be permitted to appeal to a Full Court or to apply to a Full Court for a new trial as a poor person, except with the leave of the judge by or before whom the cause or matter was heard or tried, or of a Full Court.