WOODS V. WOODS AND ANOTHER 18/1950

WOODS V. WOODS AND ANOTHER 18/1950

The trial judge, having heard and seen the witnesses, was not satisfied that adultery occurred; appellate courts are not justified in overturning such findings absent compelling evidence. The facts do not warrant reversal of the trial judge’s conclusion.

Parties
Applicant: Woods; Respondent: Woods; Co Respondent: Wren
Jurisdiction
Australia
Judgment Date
31 October 1950
Procedural Posture
Divorce/dissolution of Marriage / Appellate
Outcome
Appeal dismissed with costs
Legal Topics
Adultery, Onus of Proof, Appellate Review
Family Law Adultery Onus of Proof Appellate Review

Case Brief

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Parties

Woods

Applicant

Woods

Respondent

Wren

Co Respondent

Procedural Posture

Divorce/dissolution of Marriage / Appellate

Legal Issues

  1. 1 Whether the trial judge erred in failing to find that adultery occurred between the respondent and the co-respondent
  2. 2 Whether the appellate court should overturn findings of fact regarding adultery in matrimonial proceedings

Ratio Decidendi

The trial judge, having heard and seen the witnesses, was not satisfied that adultery occurred; appellate courts are not justified in overturning such findings absent compelling evidence. The facts do not warrant reversal of the trial judge’s conclusion.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs