Coope v LCM Litigation Fund Pty Ltd (No 2)

The appeal concerned an application by Mr Coope for leave to appeal against a costs order made by Stevenson J in proceedings between Mr Coope and LCM Litigation Fund Pty Ltd. The Court of Appeal of New South Wales, comprising Gleeson, Leeming and Payne JJA, heard the matter.

The primary legal issue before the Court of Appeal was whether the costs order made by the primary judge was affected by an error of principle, specifically in relation to the apportionment of costs between the parties. LCM had sought to rely on a notice of contention, part of which was established, and this formed a basis for their cross-appeal.

The Court of Appeal found that the primary judge had erred in their assessment of costs. They granted leave to cross-appeal and upheld the cross-appeal, concluding that the costs order should be varied. The court determined that Mr Coope should pay 80 per cent of LCM's costs of the proceedings below, with a specific exclusion for a portion of the costs related to expert witness attendance. Mr Coope was also ordered to pay the costs of the cross-appeal.