Tilney v Tilney [1968] HCA 32

Tilney v Tilney [1968] HCA 32

Special leave was refused because s. 28 (d) plainly required habitual cruelty to have endured for not less than a year, whereas Lucas J found habitual cruelty for only some seven months at most, so the petition was correctly dismissed and the Full Court was correct to affirm that construction.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal in a Divorce Case / High Court Application for Special Leave to Appeal From an Order of the Full Court of the Supreme Court of Queensland Affirming Lucas J
Outcome
Application for special leave refused.
Legal Topics
['divorce' 'matrimonial Causes' 'cruelty' 'statutory Interpretation' 'special Leave to Appeal']
['family Law' 'appellate Procedure'] ['divorce' 'matrimonial Causes' 'cruelty' 'statutory Interpretation' 'special Leave to Appeal']

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Procedural Posture

Application for Special Leave to Appeal in a Divorce Case / High Court Application for Special Leave to Appeal From an Order of the Full Court of the Supreme Court of Queensland Affirming Lucas J

Legal Issues

  1. 1 ['Whether the word "during" in s. 28 (d) of the Matrimonial Causes Act 1959-1966 Cth meant "in the course of" rather than requiring habitual cruelty to persist throughout a period of not less than one year.' 'Whether special leave should be granted to challenge the construction of s. 28 (d) adopted by Lucas J and the Full Court of the Supreme Court of Queensland.']

Ratio Decidendi

Special leave was refused because s. 28 (d) plainly required habitual cruelty to have endured for not less than a year, whereas Lucas J found habitual cruelty for only some seven months at most, so the petition was correctly dismissed and the Full Court was correct to affirm that construction.

Court Disposition

Application for special leave refused.

Orders

  • ['Application for special leave refused.']