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

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

LCM’s success on the appeal (including establishment of the Wind Down Proposal) warranted an increase to its costs recovery; however, costs should be discounted to 80% to reflect time spent on issues upon which LCM failed (e.g., the conspiracy case), and Mr Coope should not reimburse LCM for Mr Craddock’s attendance costs.

Jurisdiction
Australia
Judgment Date
25 July 2016
Procedural Posture
Appeal and Cross Appeal / Court of Appeal Decision on Cross Appeal Regarding Costs
Outcome
Cross-appeal upheld; leave granted; costs order varied.
Legal Topics
['costs Order Variation' 'discretion in Awarding Costs' 'cross Appeal Regarding Costs' 'employment Dispute']
['costs'] ['costs Order Variation' 'discretion in Awarding Costs' 'cross Appeal Regarding Costs' 'employment Dispute']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Court of Appeal Decision on Cross Appeal Regarding Costs

Legal Issues

  1. 1 ['Appropriate costs order following outcome of proceedings' 'Entitlement to costs in light of issues pressed and abandoned' 'Reimbursement of witness attendance costs']

Ratio Decidendi

LCM’s success on the appeal (including establishment of the Wind Down Proposal) warranted an increase to its costs recovery; however, costs should be discounted to 80% to reflect time spent on issues upon which LCM failed (e.g., the conspiracy case), and Mr Coope should not reimburse LCM for Mr Craddock’s attendance costs.

Court Disposition

Cross-appeal upheld; leave granted; costs order varied.

Orders

  • ['Leave to cross-appeal granted.' 'Cross-appeal upheld.' "Set aside order 6 made by Stevenson J on 7 August 2015; order that Mr Coope pay 80% of LCM's costs of the proceedings below, excluding the $12,085 paid by LCM for Mr Craddock's attendance." 'Mr Coope pay the costs of the cross-appeal as agreed or assessed.']