Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor

[2006] NSWCA 336

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Sanderson order
4. › Application by plaintiff for unsuccessful defendant to pay costs of successful defendant
5. › Whether conduct of unsuccessful defendant warrants granting of Sanderson order
6. › Judgment against one defendant set aside on appeal
1. Practice and Procedure
2. › Costs
3. › Bullock order
4. › Principles governing Bullock and Sanderson orders
5. › Reasonableness of joining successful defendant not sufficient
6. › Requirement that conduct of unsuccessful defendant make it fair to impose costs liability

Quick Take

A Sanderson order requires not only that it was reasonable for the plaintiff to sue the successful defendant, but also that the unsuccessful defendant's conduct made it fair to impose costs liability. An unsuccessful defendant's conduct in amending its defence to implicate a co-defendant, without misleading the plaintiff or concealing information, does not satisfy this requirement. There is no obligation on a defendant to alert the plaintiff to the potential liability of other parties.