Costa and Costa
Case
•
[2015] FamCA 1219
•18 December 2015
Details
AGLC
Case
Decision Date
Costa and Costa [2015] FamCA 1219
[2015] FamCA 1219
18 December 2015
CaseChat Overview and Summary
In the matter of *Costa and Costa*, heard by Cleary J, the dispute concerned interim orders sought by the parties in their capacities as directors and shareholders of M Pty Limited, and in relation to their occupation of a property and a company vehicle. The proceedings involved applications and responses concerning the operation of the company, the use of its assets, and the parties' residential arrangements.
The court was required to determine the terms of interim orders regarding the operation of the company's bank accounts, the wife's involvement in the day-to-day running of the business, and her ability to communicate with company contacts. Further issues included the wife's occupation of the matrimonial property, relocation expenses, and the provision of a company vehicle to the wife. The court also considered undertakings to be given by each party.
Cleary J made orders that the company bank accounts be reactivated with both parties as joint signatories, but with the wife requiring the husband's written authority to operate them. The wife was restrained from involvement in the daily running of the business and from approaching or communicating with any company contacts, clients, suppliers, debtors, creditors, banks, financiers, or employees at the company premises without the husband's express written authority. The husband was ordered to pay the wife $40,000 for relocation expenses, and the wife was to vacate the Suburb V property by 29 January 2016, after which the husband would have sole use and occupancy. The husband was also ordered to deliver a Toyota Land Cruiser to the wife by 20 December 2015, with the company to maintain its registration and insurance. The husband undertook to pay outstanding orthodontist costs, and the wife undertook to stay proceedings commenced in the Fair Work Commission. All outstanding applications for interim orders were dismissed.
The court was required to determine the terms of interim orders regarding the operation of the company's bank accounts, the wife's involvement in the day-to-day running of the business, and her ability to communicate with company contacts. Further issues included the wife's occupation of the matrimonial property, relocation expenses, and the provision of a company vehicle to the wife. The court also considered undertakings to be given by each party.
Cleary J made orders that the company bank accounts be reactivated with both parties as joint signatories, but with the wife requiring the husband's written authority to operate them. The wife was restrained from involvement in the daily running of the business and from approaching or communicating with any company contacts, clients, suppliers, debtors, creditors, banks, financiers, or employees at the company premises without the husband's express written authority. The husband was ordered to pay the wife $40,000 for relocation expenses, and the wife was to vacate the Suburb V property by 29 January 2016, after which the husband would have sole use and occupancy. The husband was also ordered to deliver a Toyota Land Cruiser to the wife by 20 December 2015, with the company to maintain its registration and insurance. The husband undertook to pay outstanding orthodontist costs, and the wife undertook to stay proceedings commenced in the Fair Work Commission. All outstanding applications for interim orders were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Commercial Law
Legal Concepts
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Injunction
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Stay of Proceedings
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Costs
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Remedies
Actions
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Citations
Costa and Costa [2015] FamCA 1219
Most Recent Citation
COSTA & COSTA [2015] FamCA 1219
Cases Cited
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Statutory Material Cited
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