Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor [No 2] [2006] NSWCA 336

Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor [No 2] [2006] NSWCA 336

A Sanderson order will only be made if the unsuccessful defendant's conduct makes it fair to impose liability for the successful defendant's costs; in this case, the conduct of the RTA did not meet this threshold. Accordingly, Mr Dederer's application for a Sanderson order was dismissed with costs.

Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Civil Appeal / Costs Judgment Following Substantive Appeal Decision
Outcome
Application dismissed with costs.
Legal Topics
['costs' 'sanderson Order' 'civil Liability']
['practice and Procedure'] ['costs' 'sanderson Order' 'civil Liability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal / Costs Judgment Following Substantive Appeal Decision

Legal Issues

  1. 1 ["Whether the unsuccessful defendant's conduct warrants a Sanderson order requiring it to pay the costs of the successful defendant" 'Whether the joining of the Council as a defendant was reasonable']

Ratio Decidendi

A Sanderson order will only be made if the unsuccessful defendant's conduct makes it fair to impose liability for the successful defendant's costs; in this case, the conduct of the RTA did not meet this threshold. Accordingly, Mr Dederer's application for a Sanderson order was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ["Mr Dederer's application is dismissed with costs."]