GORDON V. GORDON

GORDON V. GORDON

The evidence was not sufficiently strong or safe to support the conclusion that adultery occurred, and therefore the finding and decree based on that conclusion could not stand.

Parties
Applicant: Husband; Respondent: Wife; Co Defendant: Co-Defendant
Jurisdiction
Australia
Judgment Date
13 October 1955
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; decree nisi discharged; suit dismissed; orders regarding co-defendant's costs set aside
Legal Topics
Dissolution of Marriage, Adultery, Decree Nisi, Standard of Proof on Adultery, Appeal – Fact Finding
Family Law Dissolution of Marriage Adultery Decree Nisi Standard of Proof on Adultery Appeal – Fact Finding

Case Brief

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Parties

Husband

Applicant

Wife

Respondent

Co-Defendant

Co Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether finding of adultery was sufficiently supported by evidence to warrant a decree nisi dissolving the marriage

Ratio Decidendi

The evidence was not sufficiently strong or safe to support the conclusion that adultery occurred, and therefore the finding and decree based on that conclusion could not stand.

Court Disposition

appeal allowed; decree nisi discharged; suit dismissed; orders regarding co-defendant's costs set aside

Orders

  • Appeal allowed with costs
  • Decree nisi discharged