sec.64Leave required to appeal in relation to costs

### sec.64 Leave required to appeal in relation to costs An appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the court in the Trial Division only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another judge of the court in the Trial Division. However, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding— subsection (1) does not apply; and the appeal may be heard and determined only by leave of the Court of Appeal. s 64 prev s 64 om 1997 No. 38 s 129 pres s 64 ins 2011 No. 45 s 193 (sec.64-ssec.1) An appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the court in the Trial Division only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another judge of the court in the Trial Division. (sec.64-ssec.2) However, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding— subsection (1) does not apply; and the appeal may be heard and determined only by leave of the Court of Appeal. - (a) subsection (1) does not apply; and - (b) the appeal may be heard and determined only by leave of the Court of Appeal.