Meres v Meres (No 2)

The matter of Meres v Meres (No 2) was heard in the Family Court of Australia, where the primary issue was a claim for family provision under the Family Law Act 1975. The plaintiff, Meres, sought an order for financial provision from the estate of the deceased, her former husband. The defendant opposed the application, arguing that the plaintiff was adequately provided for by the terms of the deceased's will. The case proceeded to trial, where the plaintiff's application was ultimately dismissed.

The court was tasked with determining whether, in the circumstances of the case, it should exercise its discretion under section 76(3) of the Family Law Act to order the plaintiff to pay the defendant's costs, despite the plaintiff not obtaining an order more favourable than the defendant's offer of compromise served prior to the hearing. The court had to weigh the overall justice of the case, including factors such as the conduct of the parties, the merits of the claims and defences, and the extent to which the plaintiff's claim was reasonable.

The court held that the exercise of its discretion was warranted in the interest of overall justice. The plaintiff's claim was found to be without reasonable cause, and the defendant's offer of compromise was deemed to be reasonable. The court also took into account the conduct of the plaintiff during the proceedings. Consequently, the court ordered the plaintiff to pay the defendant's costs of the proceeding.