Zeaiter v Zeaiter (No 2)

The case of Zeaiter v Zeaiter (No 2) dealt with a dispute between the plaintiff and the defendant over the division of property following a divorce. The case was heard in the Family Court of Australia. The plaintiff had made a significant Calderbank offer to the defendant, which the defendant rejected. The plaintiff later admitted to providing false evidence during the proceedings. The court was required to determine whether indemnity costs should be ordered against the plaintiff due to the false evidence provided and the rejection of the Calderbank offer.

The court considered whether the plaintiff's false evidence and the rejection of the Calderbank offer warranted the imposition of indemnity costs. The court noted that indemnity costs are not to be awarded lightly and are reserved for cases where the conduct of a party is egregious. The court held that the plaintiff's false evidence and the rejection of the Calderbank offer were serious breaches of the court's process and warranted the imposition of indemnity costs.

The court concluded that the plaintiff's conduct warranted the imposition of indemnity costs. The court found that the plaintiff's false evidence and the rejection of the Calderbank offer were serious breaches of the court's process and that the plaintiff's conduct was egregious. The court ordered that the plaintiff pay the defendant's costs on an indemnity basis. The court also noted that the defendant was entitled to an indemnity costs order even though the plaintiff had made a significant Calderbank offer, as the offer was rejected and the plaintiff's conduct was egregious.