SERGEANT V. SERGEANT AND ANOTHER 29/1958

SERGEANT V. SERGEANT AND ANOTHER 29/1958

The Court cannot reverse a finding of fact unless it is satisfied that the trial judge was wrong. The evidence was insufficient to justify a finding of adultery, and the trial judge's conclusion was fairly open to him.

Parties
Petitioner: Sergeant; Respondent: Sergeant; Co Respondent: Another
Jurisdiction
Australia
Judgment Date
27 October 1958
Procedural Posture
Divorce Petition / Appeal From Decree Dismissing Petition
Outcome
appeal dismissed
Legal Topics
Divorce, Adultery, Burden of Proof, Appeal
Family Law Divorce Adultery Burden of Proof Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Sergeant

Petitioner

Sergeant

Respondent

Another

Co Respondent

Procedural Posture

Divorce Petition / Appeal From Decree Dismissing Petition

Legal Issues

  1. 1 Whether the evidence established adultery sufficient to grant a divorce
  2. 2 Whether the trial judge erred in dismissing the petition for divorce based on lack of satisfaction regarding adultery

Ratio Decidendi

The Court cannot reverse a finding of fact unless it is satisfied that the trial judge was wrong. The evidence was insufficient to justify a finding of adultery, and the trial judge's conclusion was fairly open to him.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs