LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 4) [2015] NSWSC 1158

Supreme Court New South Wales

Medium Neutral Citation: LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 4) [2015] NSWSC 1158 Hearing dates: 7 August 2015 Decision date: 07 August 2015 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Defendant to pay two thirds of the plaintiff's costs of the proceedings (such costs not to include the $12,085 paid by the plaintiff in respect of Mr Craddock's attendance) Catchwords: COSTS – whether plaintiff entitled to indemnity costs on the basis of a Calderbank offer – whether plaintiff entitled to indemnity costs for production of court book – plaintiff successful overall but unsuccessful in relation to one of two distinct bases of misconduct claim – whether plaintiff should be liable for travel costs of witness whose evidence predominantly related to basis upon which plaintiff was unsuccessful – whether costs order should reflect the defendant's partial success in the proceedings Cases Cited: LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 2) [2015] NSWSC 992 LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 3) [2015] NSWSC 1156 Category: Costs 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