Lieberman v Crown Resorts Ltd

In the matter of Lieberman v Crown Resorts Ltd, the applicant, Ms Lieberman, sought a Group Costs Order under the Supreme Court Act 1986. The dispute involved the calculation of costs for a group proceeding, specifically focusing on the appropriate percentage of costs to be applied to any award or settlement recovered. The case was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the proposed Group Costs Order, which incorporated a sliding scale for cost percentages, had a proper evidentiary basis. The court also needed to determine if the proposed percentage was appropriate and necessary. These questions required an examination of relevant case law and principles regarding the assessment of costs in group proceedings.

The court found that the proposed Group Costs Order had a proper evidentiary basis, as it was supported by expert evidence and aligned with principles established in previous cases. The sliding scale was deemed appropriate as it provided flexibility and proportionality in the cost recovery process. The court granted the application, finding that the proposed percentage was reasonable and necessary given the nature of the group proceeding and the potential outcomes for the class members.

The final orders included the approval of the Group Costs Order, which allowed for the calculation of costs as a percentage of any award or settlement recovered, with the sliding scale specified in the order. This decision provides guidance on the assessment of costs in similar future group proceedings, reinforcing the importance of an evidentiary basis and proportionality in determining cost orders.