Riebe v Riebe [1957] HCA 66

Riebe v Riebe [1957] HCA 66

The right of appeal from a decision refusing relief by way of dissolution of marriage under the Matrimonial Causes and Personal Status Code 1948 (W.A.) does not exist, and the Full Court of the Supreme Court of Western Australia had no jurisdiction to hear such an appeal. In any event, the primary judge's findings on adultery, based on his assessment of the witnesses and evidence, should not have been overturned.

Parties
Appellant: Charles Frederick Riebe; Respondent: Beryl Davide Power Riebe; Co Defendant: George Wilson
Jurisdiction
Australia
Procedural Posture
Appeal / Final Appellate Review Before the High Court of Australia
Outcome
Appeal allowed
Legal Topics
Dissolution of Marriage, Matrimonial Causes, Jurisdiction, Appeal Rights, Findings of Fact
Family Law Dissolution of Marriage Matrimonial Causes Jurisdiction Appeal Rights Findings of Fact

Case Brief

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Parties

Charles Frederick Riebe

Appellant

Beryl Davide Power Riebe

Respondent

George Wilson

Co Defendant

Procedural Posture

Appeal / Final Appellate Review Before the High Court of Australia

Legal Issues

  1. 1 Whether the Full Court of the Supreme Court of Western Australia had jurisdiction to hear an appeal from an order dismissing a claim for dissolution of marriage under the Matrimonial Causes and Personal Status Code 1948 (W.A.)
  2. 2 Whether the Full Court erred in overturning the finding of fact by the primary judge that adultery was not established

Ratio Decidendi

The right of appeal from a decision refusing relief by way of dissolution of marriage under the Matrimonial Causes and Personal Status Code 1948 (W.A.) does not exist, and the Full Court of the Supreme Court of Western Australia had no jurisdiction to hear such an appeal. In any event, the primary judge's findings on adultery, based on his assessment of the witnesses and evidence, should not have been overturned.

Court Disposition

Appeal allowed

Orders

  • Order of the Full Court of the Supreme Court of Western Australia discharged
  • Appeal to the Supreme Court dismissed with costs