LCM Litigation Fund Pty Ltd v Coope

LCM Litigation Fund Pty Ltd (the appellant) appealed a decision of the Supreme Court of New South Wales concerning an alleged breach of an undertaking given to the court. The dispute centred on the interpretation of the term "direct dealing" within that undertaking.

The primary legal issue before the Court of Appeal was whether the appellant's conduct constituted a breach of its undertaking to the court, specifically in relation to the meaning and scope of "direct dealing" with certain parties.

The Court of Appeal considered the nature of undertakings given to the court and the principles of contractual construction as applied to such undertakings. It analysed the specific wording of the undertaking and the factual circumstances surrounding the appellant's actions. The court concluded that the appellant's conduct did indeed fall within the scope of the undertaking, thereby constituting a breach.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.