What must happen for a plaintiff to succeed with a Sanderson Order?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A Sanderson Order is a type of court order that allows a party to have the costs of the proceedings covered by a different party, typically when one party has had to defend an action against multiple defendants. For a plaintiff to succeed in obtaining a Sanderson Order, it is essential that the defendant has been unsuccessful against another party. This order is aimed at ensuring that the costs are borne by the party that was found liable in the legal action, thereby promoting fairness in the distribution of legal costs.

In this context, the focus is on the outcome of the defendant's interaction with other parties involved in the case. The success or failure of the defendant against those parties is crucial because it will determine whether the plaintiff can rightfully claim costs from the defendant related to those actions. If the defendant was unsuccessful against another party, this strengthens the plaintiff's position for obtaining a Sanderson Order.

The other provided choices do not align with the requirements for a Sanderson Order. Concessions from the defendant or uncontested proceedings don't directly relate to the necessity of the order, nor is it strictly required that the plaintiff succeed against multiple defendants for the effectiveness of a Sanderson Order. The primary condition remains linked to the outcome of actions involving the defendant and other parties

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