McKinley v Delaney [1915] HCA 19

McKinley v Delaney [1915] HCA 19

The High Court refused the application for special leave to appeal, holding that the finding below—that a pre-maternity order can be sufficient corroboration for the mother's evidence under the legislation—should not be disturbed.

Parties
Complainant: Gertrude McKinley; Defendant: Harold Delaney; Solicitors for Appellants: Lawson & Jardine; Solicitors for Appellants: Stow, Crown Solicitor for Western Australia; Solicitors for Respondent: Darvall & Horsfall; Solicitors for Respondent: Downing & Downing, Perth; Solicitor for the Applicant: T. B. Fogarty
Jurisdiction
Australia
Judgment Date
25 March 1915
Procedural Posture
Application for Special Leave to Appeal / High Court of Australia, Application for Special Leave to Appeal From the Supreme Court of Victoria
Outcome
Special leave to appeal refused.
Legal Topics
Maintenance, Evidence of Paternity, Corroboration, Pre Maternity Order
Family Law Maintenance of Children Maintenance Evidence of Paternity Corroboration Pre Maternity Order

Case Brief

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Parties

Gertrude McKinley

Complainant

Harold Delaney

Defendant

Lawson & Jardine

Solicitors for Appellants

Stow, Crown Solicitor for Western Australia

Solicitors for Appellants

Darvall & Horsfall

Solicitors for Respondent

Downing & Downing, Perth

Solicitors for Respondent

T. B. Fogarty

Solicitor for the Applicant

Procedural Posture

Application for Special Leave to Appeal / High Court of Australia, Application for Special Leave to Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a pre-maternity order made under section 5 of the Marriage Act 1900 (Vict.) in addition to the mother's statement on oath is sufficient corroboration under sections 42, 43, and 48 of the Marriage Act 1890 (Vict.) to justify an order for the maintenance of an illegitimate child.

Ratio Decidendi

The High Court refused the application for special leave to appeal, holding that the finding below—that a pre-maternity order can be sufficient corroboration for the mother's evidence under the legislation—should not be disturbed.

Court Disposition

Special leave to appeal refused.