Hanson v Hanson [1937] HCA 59

Hanson v Hanson [1937] HCA 59

The arrangement between the parties amounted to collusion, and a respondent's application for decree absolute may be refused if collusion is established. The relevant facts disclosed collusion, justifying refusal of the decree absolute and dismissal of the suit.

Parties
Respondent: John Baden Thornton Hanson; Petitioner: Minnie Jessie Hanson
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Divorce, Collusion, Decree Nisi, Decree Absolute, Alimony
Family Law Divorce Collusion Decree Nisi Decree Absolute Alimony

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Parties

John Baden Thornton Hanson

Respondent

Minnie Jessie Hanson

Petitioner

Procedural Posture

Appeal / On Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Whether an arrangement between parties to institute divorce proceedings amounts to collusion under the Supreme Court Act 1935 (W.A.)
  2. 2 Whether the court has discretion to refuse an application for decree absolute by a respondent if collusion is established

Ratio Decidendi

The arrangement between the parties amounted to collusion, and a respondent's application for decree absolute may be refused if collusion is established. The relevant facts disclosed collusion, justifying refusal of the decree absolute and dismissal of the suit.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to bear respondent's costs.