Firona Pty Ltd, Peter Theodore, Beverley Lorraine Theodore and Cohen and Cohen (A Partnership) and Hersfield Holdings Pty Ltd, Hersfield Developments Corporation Pty Ltd and George Herscu [1981] FCA 292

Firona Pty Ltd, Peter Theodore, Beverley Lorraine Theodore and Cohen and Cohen (A Partnership) and Hersfield Holdings Pty Ltd, Hersfield Developments Corporation Pty Ltd and George Herscu [1981] FCA 292

Parties
Appellant: Firona Pty Ltd; Appellant: Peter Theodore; Appellant: Beverley Lorraine Theodore; Appellant: Cohen and Cohen (a partnership); Respondent: Hersfield Holdings Pty Ltd; Respondent: Hersfield Developments Corporation Pty Ltd; Respondent: George Herscu
Jurisdiction
Australia
Judgment Date
23 January 1981
Procedural Posture
Appeal / Motion to Dismiss Appeal as Incompetent
Legal Topics
Appeals, Undertakings, Injunctive Relief, Use of Discovered Documents, Orders as to Costs
Civil Procedure Appeals Undertakings Injunctive Relief Use of Discovered Documents Orders as to Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Firona Pty Ltd

Appellant

Peter Theodore

Appellant

Beverley Lorraine Theodore

Appellant

Cohen and Cohen (a partnership)

Appellant

Hersfield Holdings Pty Ltd

Respondent

Hersfield Developments Corporation Pty Ltd

Respondent

George Herscu

Respondent

Procedural Posture

Appeal / Motion to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the appeal is competent where the only order appealed from is as to costs and undertakings
  2. 2 Whether issues not subject to a coercive order or judgment can be raised on appeal
  3. 3 Status and effect of undertakings given to the court in avoiding a coercive order