SHELDON V. SHELDON

SHELDON V. SHELDON

The evidence did not establish that the wife committed adultery after condonation or sufficient matrimonial misconduct to revive condoned adultery. The trial judge's findings were reasonably open on the evidence and should not be disturbed. Therefore, the appeal is allowed, and the Full Court's decision is set aside.

Parties
Petitioner/respondent in High Court: Reginald Cecil Sheldon; Respondent/appellant in High Court: Lillian Sheldon; Co Respondent: George Gough
Jurisdiction
Australia
Judgment Date
13 December 1951
Procedural Posture
Appeal / Appeal to High Court From Full Court of the Supreme Court of New South Wales
Outcome
Appeal allowed with costs.
Legal Topics
Dissolution of Marriage, Adultery, Condonation, Revival of Matrimonial Offence
Family Law Dissolution of Marriage Adultery Condonation Revival of Matrimonial Offence

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Parties

Reginald Cecil Sheldon

Petitioner/respondent in High Court

Lillian Sheldon

Respondent/appellant in High Court

George Gough

Co Respondent

Procedural Posture

Appeal / Appeal to High Court From Full Court of the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether evidence established revival of condoned adultery sufficient to grant dissolution of marriage
  2. 2 Whether trial judge's findings could be disturbed on appeal

Ratio Decidendi

The evidence did not establish that the wife committed adultery after condonation or sufficient matrimonial misconduct to revive condoned adultery. The trial judge's findings were reasonably open on the evidence and should not be disturbed. Therefore, the appeal is allowed, and the Full Court's decision is set aside.

Court Disposition

Appeal allowed with costs.

Orders

  • Order of the Full Court of the Supreme Court discharged.
  • In lieu thereof, order that the appeal of the petitioner (the respondent in this Court) from the order of Toose AJ to the Full Court of the Supreme Court be dismissed with costs.