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

The Supreme Court of New South Wales Court of Appeal considered an application for a *Sanderson* order concerning costs in proceedings brought by Mr Dederer against Great Lakes Shire Council and the Roads and Traffic Authority of NSW. The dispute arose from injuries sustained by Mr Dederer, and the appeal concerned the conduct of one of the defendants, Great Lakes Shire Council, in relation to the costs of the proceedings.

The central legal issue before the Court of Appeal was whether the conduct of Great Lakes Shire Council, the unsuccessful defendant, warranted the granting of a *Sanderson* order. Such an order, in the context of costs, typically involves making an unsuccessful party liable for the costs of the successful party, or a portion thereof, due to their conduct during the litigation.

The Court of Appeal dismissed Mr Dederer's application for a *Sanderson* order. The reasoning, though not detailed in the provided text, implies that the conduct of Great Lakes Shire Council did not meet the threshold required for the court to exercise its discretion to make such an order. The court found that the circumstances did not justify departing from the usual rule that costs follow the event.

Consequently, Mr Dederer's application was dismissed, and he was ordered to pay the costs of Great Lakes Shire Council in relation to that application.