Mann v Mann [1957] HCA 68

Mann v Mann [1957] HCA 68

The only fair and natural conclusion from the accepted evidence is that the co-defendants availed themselves of opportunities to consummate their guilty passion and that adultery had been committed; the trial judge erred in relying on irrelevant factors and in not drawing the necessary inference from the evidence.

Parties
Appellant: Betty Lorraine Mann; Respondent: John McGrath Mann; Respondent: Lydia Allmich
Jurisdiction
Australia
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal allowed; decision of the Supreme Court of the Northern Territory set aside; order nisi for dissolution of marriage granted
Legal Topics
Divorce, Adultery, Standard of Proof, Appeal, Evidence
Family Law Divorce Adultery Standard of Proof Appeal Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Betty Lorraine Mann

Appellant

John McGrath Mann

Respondent

Lydia Allmich

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 What is the standard of proof required to establish adultery in divorce proceedings under the Matrimonial Causes Ordinance 1932-1949 (N.T.)?
  2. 2 Whether the trial judge erred in failing to infer adultery from the established facts.

Ratio Decidendi

The only fair and natural conclusion from the accepted evidence is that the co-defendants availed themselves of opportunities to consummate their guilty passion and that adultery had been committed; the trial judge erred in relying on irrelevant factors and in not drawing the necessary inference from the evidence.

Court Disposition

appeal allowed; decision of the Supreme Court of the Northern Territory set aside; order nisi for dissolution of marriage granted

Orders

  • Order nisi for the dissolution of marriage on the ground of adultery, not to be made absolute in the Supreme Court until the expiration of six months
  • John McGrath Mann to pay the plaintiff-appellant the costs of the appeal