Coope v LCM Litigation Fund Pty Ltd (No 2) [2016] NSWCA 174

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coope v LCM Litigation Fund Pty Ltd (No 2) [2016] NSWCA 174 Hearing dates: On the papers Decision date: 25 July 2016 Before: Gleeson JA; Leeming JA; Payne JA. Decision: (1) Leave to cross-appeal granted.

(2) Cross-appeal upheld.

(3) Set aside order 6 made by Stevenson J on 7 August 2015 and in lieu thereof order that Mr Coope pay 80 per cent of LCM's costs of the proceedings below, such costs not to include the $12,085 paid by the LCM in respect of Mr Craddock's attendance to give evidence.

(4) Mr Coope pay the costs of the cross-appeal as agreed or assessed. Catchwords: COSTS ‑ appeal dismissed – respondent established part of its notice of contention – leave to cross-appeal on costs order below Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Corporations Act 2001 (Cth) s 200B Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Coope v LCM Litigation Fund Pty Ltd [2016] NSWCA 37 LCM Litigation Fund Pty Ltd v Coope; Coope v LCM Litigation Fund Pty Ltd (No 4) [2015] NSWSC 1158 Category: Costs Parties: Patrick Mark Coope (Appellant / Cross-Respondent) LCM Litigation Fund Pty Ltd (Respondent / Cross-Appellant) Representation: Counsel: J Clarke SC / Y Shariff (Appellant) A Sullivan QC / S Fendekian (Respondent)

Solicitors: Esplins Solicitors (Appellant) Piper Alderman (Respondent) File Number(s): 2015/257383 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2015] NSWSC 1158 Date of Decision: 7 August 2015 Before: Stevenson J File Number(s): SC 2015/60819