Costello and Teresi and Anor

Case

[2018] FamCA 687

7 September 2018


Details
AGLC Case Decision Date
Costello and Teresi and Anor [2018] FamCA 687 [2018] FamCA 687 7 September 2018

CaseChat Overview and Summary

In *Costello and Teresi and Anor*, the applicants, Costello and Teresi, sought various interim orders, including an injunction to restrain the Second Respondent from enforcing a judgment debt. The Second Respondent had obtained a judgment against the First Respondent in the Supreme Court of New South Wales. The applications were heard by Gill J.

The primary legal issue before the court was whether to grant an interim injunction to restrain the enforcement of the judgment debt. Related issues included the applicants' other interim applications and the Second Respondent's applications for dismissal and summary dismissal of the proceedings. The court also considered the matter of costs.

Gill J granted an injunction restraining the Second Respondent from enforcing the judgment debt against the First Respondent. However, the court refused the Wife's application for interim orders as part of her Amended Initiating Application and also refused the Respondent's application for interim orders. The Second Respondent's applications for dismissal and summary dismissal were also refused. The court reserved the matter of costs pending the full trial.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Summary Judgment

  • Costs

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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