Costello and Teresi and Anor
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Injunction
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Summary Judgment
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Costs
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Jurisdiction
Actions
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