Coope v LCM Litigation Fund Pty Ltd [2016] NSWCA 37

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coope v LCM Litigation Fund Pty Ltd [2016] NSWCA 37 Hearing dates: 19 April and 20 April 2016 Decision date: 08 June 2016 Before: Gleeson JA at [1]; Leeming JA at [2]; Payne JA at [7]. Decision: (1) Appeal dismissed;

(2) The appellant is to pay the costs of the respondent of the appeal on a party–party basis as agreed or assessed, save for those costs referable to order 4;

(3) The respondent's Notice of Motion dated 26 February 2016 is dismissed;

(4) The respondent to pay the appellant's costs of the Notice of Motion on a party–party basis as agreed or assessed;

(5) In relation to the cross-appeal:

(a) the cross-appellant's written submissions of no more than five pages containing such orders (including costs) it submits should be made on the cross-appeal to be forwarded by email to Gleeson JA's associate by 5pm, 15 June 2016 and served on the cross-respondent at the same time. Those submissions should address whether the opportunity to make any further oral submissions is sought;

(b) the cross-respondent's written submissions of no more than five pages containing such orders (including costs) it submits should be made on the cross-appeal to be forwarded by email to Gleeson JA's associate by 5pm, 22 June 2016 and served on the cross-appellant at the same time. Those submissions should address whether the opportunity to make any further oral submissions is sought;

(c) the cross-appellant to provide any written submissions in reply of no more than two pages to be forwarded by email to Gleeson JA's associate by 5pm, 24 June 2016 and served on the cross-respondent at the same time;