Question juridique clé
Whether an appeal against the incidental costs order was admissible when the underlying incidental decision itself was not immediately appealable.
Solution extraite
The appeal was not admissible because costs can be challenged only if the underlying decision is itself open to a remedy other than nullity; that prerequisite was absent here.
Motifs extraits
A recourse on the accessory issue of costs presupposes an appealable decision on the merits. An incidental judgment rejecting a request to amend is not immediately appealable, except where it seeks to introduce new conclusions, which was not the case.