WALKER V. WALKER

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment delivered at..... MELBOURNE... W. SM. Houston, Govt. Print Melb, . on. MONDAY..17th..OCTOBER..1955.

978/55

—

Appeal allowed.

WALKER

v. WALKER

ORDER

Order of the Supreme Court

of Western Australia made on the 20th April 1955 varied

by substituting for the sum of £6561 therein appearing

the sum of £5865. Respondent to pay the appellant's

costs of the appeal.

JUDGMENT

WALKER

v.

WALKER

FULLAGAR J. RITTO J. TAYIOR J.

WALKER

v.

WALKER

JUDGMENT FULLAGAR J. RITTo J. TAYLOR J.

The appellant in this matter is the wife of the

respondent who in August 1954 instituted proceedings against her to recover damages for breaches of an agreement for the lease of a farming property in the vicinity of Tardun in the State of Western Australia. The respondent was successful in the suit and recovered judgment for a total sum of £4816 but being dissatisfied with the amount of damages as assessed he appealed to the Full Court. Upon appeal the judgment was varied by increasing the amount thereof to the sum of £6561 and it is from the order of the Full Court that the appellant brings this appeal.

The facts show that the parties lived together on the property until the end of 1946 when the respondent leasedit to a third party. From 1946 to 1948 the parties resided in Melbourne but in April of the latter year they returned to Perth where for a further period they continued to live together. In August of the same year there was a brief separation and in the following month the final break came, the appellant informing her husband that she was desirous of returning to the property and that she had entered into some form of share-farming agreement with the

lessee. From that time the parties did not live together

again.

2.

The events of the next two years are of no consequence as far as this appeal is concerned but on 1st January 1951 the appellant became the lessee of the property. By an agreement of that date the respondent agreed to lease the property to the appellant for a period of one year expiring on 31st December 1951 at a total rental of £700 and upon specified terms. On 17th April -1952 a further agreement in much the same terms was executed with respect to the succeeding year and on 16th March 1953 the parties executed a further agreement for a lease for a period of a year expiring on 3lst December 1953. It was for breaches of provisions of this agreement that the respondent sought to recover damages and some further reference should be made to this instrument.