Maloney v Maloney [1908] HCA 79

Where the trial judge believes the petitioner's evidence and finds the issues in his favour based on that testimony, appellate courts will not disturb the decision on questions of fact.

Parties: Respondent: John Maloney; Appellant: Mrs. Maloney
Jurisdiction: Australia
Judgment Date: 30 November 1908
Procedural Posture: Divorce / Appeal From Supreme Court of New South Wales, Matrimonial Causes Jurisdiction
Outcome: appeal dismissed
Legal Topics: Divorce, Habitual Drunkenness, Neglect of Domestic Duties

Family Law Divorce Habitual Drunkenness Neglect of Domestic Duties

Case Brief

Summary, issues, holding and outcome

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Parties

John Maloney

Respondent

Mrs. Maloney

Appellant

Procedural Posture

Divorce / Appeal From Supreme Court of New South Wales, Matrimonial Causes Jurisdiction

Legal Issues

1 Whether the wife was a habitual drunkard and habitually neglected her domestic duties for three years or more within the meaning of sec. 13(b) of the Matrimonial Causes Act 1899 (N.S.W.)

Ratio Decidendi

Where the trial judge believes the petitioner's evidence and finds the issues in his favour based on that testimony, appellate courts will not disturb the decision on questions of fact.

Court Disposition

appeal dismissed

Orders

Decree nisi for dissolution of marriage with custody of the children affirmed
Appeal dismissed