Lang v Lang [1953] HCA 1

Lang v Lang [1953] HCA 1

The husband’s conduct exhibited an intention to persist in behaviour that any reasonable person would regard as calculated to bring about the rupture of the matrimonial relationship; this amounted to constructive desertion. The wife's refusal to discuss reconciliation and her intimation that she would never live with him again did not terminate the desertion.

Parties
Petitioner: Jean Wauchope Lang; Respondent: Eric Lang
Jurisdiction
Australia
Judgment Date
23 February 1953
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria; Decree Nisi Pronounced by Trial Judge
Outcome
Appeal dismissed. Supreme Court's decree affirmed.
Legal Topics
Dissolution of Marriage, Constructive Desertion
Family Law Dissolution of Marriage Constructive Desertion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Jean Wauchope Lang

Petitioner

Eric Lang

Respondent

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria; Decree Nisi Pronounced by Trial Judge

Legal Issues

  1. 1 Whether constructive desertion was established by the husband's conduct
  2. 2 Whether the element of intention required for constructive desertion was proved
  3. 3 Whether wife's refusal to reconcile terminated desertion

Ratio Decidendi

The husband’s conduct exhibited an intention to persist in behaviour that any reasonable person would regard as calculated to bring about the rupture of the matrimonial relationship; this amounted to constructive desertion. The wife's refusal to discuss reconciliation and her intimation that she would never live with him again did not terminate the desertion.

Court Disposition

Appeal dismissed. Supreme Court's decree affirmed.

Orders

  • Appeal dismissed with costs
  • Supreme Court's decree nisi affirmed