DANSWAN V. DANSWAN

IN THE HIGH COURT OF AUSTRALIA

DANSWAN.

DANSWAN .

REASONS FOR JUDGMENT

Judgment delivered at_SYDNBY. HL Dew Gy. Pint Me. on WEDNESDAY, 24th November, 1948.

0.12980 /45

The appeal is dismissed with costs.

This is an appeal from « desision of the Pall Court of the Supreme Court of Hew South Weles affirming an order of Street J. by which he reviewed and confirmed an order of the Prothonotary in relation to a question arieing between husband and wife as to the title to monies in a Commonwealth savings Bank eccoust fa their joint names: see Herried Women's Property ast 1901, @. 22.

The Prothonotary wade a finding in these terus:-

The money in the account consists of monies which were paid im daring the time that the busbend was on military service im gustralia or elsewhere, the findings £ have read show thet the parties esteblished a fund for their common benefit. the wamer in which the fund was used from time to time shows that At was intended to be used for Living expenses end maintenance generally and thet ultimately it was hoped te provide « home or a business for the mitusl benefit of the two parties, it was a general, what one might tall 2 matrimonial, account, to de contributed to by husband end wife as best they could from all available sources, The wife peid in the military allotuent moneys paid to her. These were her own monies. fThet was her contribation te the decount, together with a balence from an

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account in her ows name. The husband psid in certain lump oume, larger sums in the total than the amount paid in by the wife, There was no agreement as to the precise shares of husband and wife. Uafortunately they have fallen oat and¢ seperated and the only fair conclusion that can be reached in all the circumstances is that the balance in the aceount should be held to belong to them equally.