Davis v Davis and Hughes [1904] HCA 40

Davis v Davis and Hughes [1904] HCA 40

Watching for evidence of adultery after it had already begun does not amount to connivance or conduct conducing to adultery; relief is not barred absent proof of a corrupt or willing intention to facilitate the adultery.

Parties
Appellant: Davis; Respondent: Davis; Co Respondent: Hughes
Jurisdiction
Australia
Judgment Date
09 December 1904
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales Judgment
Outcome
Appeal allowed
Legal Topics
Matrimonial Causes, Adultery, Connivance, Conduct Conducing to Adultery, Dissolution of Marriage
Family Law Matrimonial Causes Adultery Connivance Conduct Conducing to Adultery Dissolution of Marriage

Case Brief

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Parties

Davis

Appellant

Davis

Respondent

Hughes

Co Respondent

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales Judgment

Legal Issues

  1. 1 Whether the husband's conduct constituted connivance or conduct conducing to adultery under the Matrimonial Causes Act (No. 14 of 1899)
  2. 2 Whether mere passive acquiescence or watching for evidence constitutes connivance
  3. 3 Whether the petitioner was disentitled to relief based on his conduct

Ratio Decidendi

Watching for evidence of adultery after it had already begun does not amount to connivance or conduct conducing to adultery; relief is not barred absent proof of a corrupt or willing intention to facilitate the adultery.

Court Disposition

Appeal allowed

Orders

  • Decree nisi for dissolution of marriage granted; to be made absolute in three months.
  • Costs against the respondent.