Parker v Parker [1908] HCA 92
The evidence did not show that the respondent intended to abandon his domicile of origin in Victoria or intended to make New South Wales his permanent home; therefore, he did not acquire a domicile in New South Wales and the Supreme Court had no jurisdiction to entertain the divorce suit.
- Parties
- Appellant: Parker; Respondent: Parker
- Jurisdiction
- Australia
- Judgment Date
- 05 May 1908
- Procedural Posture
- Divorce Petition / Appeal From Supreme Court of New South Wales to High Court of Australia
- Outcome
- Appeal dismissed
- Legal Topics
- Divorce, Domicile, Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Parker
Appellant
Parker
Respondent
Procedural Posture
Divorce Petition / Appeal From Supreme Court of New South Wales to High Court of Australia
Legal Issues
- 1 Whether the respondent acquired a domicile in New South Wales sufficient for Supreme Court jurisdiction over the divorce suit
Ratio Decidendi
The evidence did not show that the respondent intended to abandon his domicile of origin in Victoria or intended to make New South Wales his permanent home; therefore, he did not acquire a domicile in New South Wales and the Supreme Court had no jurisdiction to entertain the divorce suit.
Court Disposition
Appeal dismissed
Full Case Text
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