Zeaiter v Zeaiter (No 2) [2025] NSWSC 156

The plaintiffs, by advancing claims based on dishonest evidence and unreasonably rejecting genuine Calderbank offers, warranted an order for costs on an indemnity basis for the entirety of the proceedings.

Parties: First Plaintiff: Anthony Zeaiter; Second Plaintiff: Newline Property Investments Pty Ltd; First Defendant: Charbel Zeaiter; Second Defendant: Newbuild Developments (Australia) Pty Ltd
Jurisdiction: Australia
Judgment Date: 06 March 2025
Procedural Posture: Civil Costs Application / Post Judgment Costs Determination
Outcome: Plaintiffs to pay defendants' costs of proceedings as agreed or assessed on an indemnity basis.
Legal Topics: Indemnity Costs, Calderbank Offers, Dishonest Evidence

Civil Procedure Costs Indemnity Costs Calderbank Offers Dishonest Evidence

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Anthony Zeaiter

First Plaintiff

Newline Property Investments Pty Ltd

Second Plaintiff

Charbel Zeaiter

First Defendant

Newbuild Developments (Australia) Pty Ltd

Second Defendant

Procedural Posture

Civil Costs Application / Post Judgment Costs Determination

Legal Issues

1 Whether indemnity costs should be ordered against the plaintiffs for the entirety of proceedings
2 Whether rejection of Calderbank offers justified indemnity costs

Ratio Decidendi

Court Disposition

Plaintiffs to pay defendants' costs of proceedings as agreed or assessed on an indemnity basis.

Orders

Vacate order 2 made on 19 February 2025.
Plaintiffs to pay the defendants' costs of the proceedings as agreed or assessed on an indemnity basis.