Riebe v Riebe [1957] HCA 66

Riebe v Riebe [1957] HCA 66

The Matrimonial Causes and Personal Status Code 1948 (WA) is a comprehensive code that limits rights of appeal to cases where dissolution or other relief is granted, and does not permit appeals from refusal of relief. The Full Court lacked jurisdiction to entertain the appeal from the judgment dismissing the action for dissolution of marriage. Further, the primary judge's findings on oral evidence should not have been overturned as there was no palpable misuse of the advantage enjoyed at trial.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['dissolution of Marriage' 'jurisdiction of Appellate Courts' 'standard of Appellate Review' 'adultery in Divorce Proceedings']
['family Law'] ['dissolution of Marriage' 'jurisdiction of Appellate Courts' 'standard of Appellate Review' 'adultery in Divorce Proceedings']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether an appeal lies from a judgment dismissing an action for dissolution of marriage under the Matrimonial Causes and Personal Status Code 1948 (WA)' 'Whether the Full Court of the Supreme Court of Western Australia had jurisdiction to entertain such an appeal, given the repeal and replacement of statutory provisions on appeals in matrimonial causes' "Whether the Full Court erred in setting aside the primary judge's finding that adultery was not established"]

Ratio Decidendi

The Matrimonial Causes and Personal Status Code 1948 (WA) is a comprehensive code that limits rights of appeal to cases where dissolution or other relief is granted, and does not permit appeals from refusal of relief. The Full Court lacked jurisdiction to entertain the appeal from the judgment dismissing the action for dissolution of marriage. Further, the primary judge's findings on oral evidence should not have been overturned as there was no palpable misuse of the advantage enjoyed at trial.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Supreme Court of Western Australia discharged' 'In lieu thereof, order that the appeal to the Supreme Court be dismissed with costs' 'Judgment of Jackson J. restored' "Appellant's costs of the appeal to the High Court to be paid by the respondent Riebe"]