HARRIS V. HARRIS AND ANOTHER

ort

WX Gree, Gort, Pk, Ma.

IN THE HIGH COURT OF AUSTRALIA.

HARE IS

REASONS FOR JUDGMENT.

Judgment delivered at. WELDOURRE

BSAGONE_ YOR JUDGMENT ; STATHAM Coda

This is an appeal from an order of the Supreme Court of Western Australia Giamissing a petition for divorce on the part of a wife. The petition as originally filed alleged adultery between the teepondent husband and Ruby Joyce Francis, the intervening responient, on 5th October 1943, and also on prior dates, An order was wade for particulars of the prior dates. It was not complied with, and the petition was heard and evidence given on the basis that the only allegation of adultery was with respect to Sth Getebar 1943. The proof of adultery on that day failed. The learned Judge, however, found that other evidence showed thet there had bean an adultercas asseeiation between the respondent and the intervening respondent "in October 1942 and ether dates subsequaat thereto and prior to 5th Ostoder 1943". after the evidence hed been heard His Honour allewed the petition %0 be auented ty including allegations ef adultery in the terns which I have stated. Anepportunity was given to the perties to adéuce. further evidense and to adress His Honour. No further evidence was sddueed.

It ts now objected on the part of tha respondent te this appeal thet the amendment was wrongly made. The amendment was mado 4n order that the cause could be decided upon the real facts as found by the learned Jadge to be established. the making of an amenizent was in the diseretion of the learned Judge. It was in the interests of Justice to determine the dase, as I have said, upon the true fasts; and the complaint as to the making of the aneninent affonis no grows for granting special lesve to appeal.

His Wosioar, however, dismissed the petition, I read from the forual erder of the Court... His Honour found "that adultery' had been comuitted as alleged in: the.eamendment to the seid Petition and after hearing'Counsel for the Respontent and Counsel for the