NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 3) [2015] NSWSC 1156 Hearing dates: 7 August 2015 Decision date: 07 August 2015 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Direct that the answer recorded at transcript p 230 line 6 be changed from "I agree with that" to "I don't agree with that"; addendum to be made to earlier judgment to reflect that change Catchwords: PROCEDURE – transcription error of answer given by defendant in cross-examination – error discovered and drawn to court's attention after judgment delivered – erroneously recorded answer included as part of reasons in judgment but not determinative of the result – whether transcript should be amended - procedure to be adopted to reflect that amendment in judgment Cases Cited: Conley v Commonwealth Bank of Australia [2000] NSWCA 101 LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 2) [2015] NSWSC 992 Leyshon v State of Western Australia [2006] WASCA 132 Category: Procedural and other rulings Parties: LCM Litigation Fund Pty Ltd (Plaintiff/Cross-Defendant) Patrick Mark Coope (Defendant/Cross-Claimant) Representation: Counsel: S Fendekian (Plaintiff/Cross-Defendant) J Clarke SC (Defendant/Cross-Claimant)
Solicitors: Piper Alderman (Plaintiff/Cross-Defendant) Esplins Solicitors (Defendant/Cross-Claimant) File Number(s): SC 2015/60819
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