Redgrave v Redgrave [1951] HCA 21

Afherp GRO 0 CAL IME 0. FB U

tthe ELh.g76 Go SA-366

82 0.LR]

OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

REDGRAVE ' Prtirioner,

REDGRAVE RESPONDENT,

ON APPEAL FROM THE

NEW SOUTH WALES.

Matrimonial Causes—Divorce—Permanent alimony—Annual sum—Security on yy ¢

APPELLANT ;

' . RESPONDENT.

SUPREME COURT OF

husband's property—Personal covenant of husband—Matrimonial Causes Act 1899-1929 (N.S.W.) (No. 14 of 1899—No. 5 of 1929), ss. 39, 40.*

The security for permanent alimony which the Supreme Court of New South Wales may order on the dissolution of a marriage may consist in whole April 12, 13;

or in part of a personal covenant by the husband or by the husband on behalf

of himself his executor and administrator, to pay such annual sum as under s. 39 of the Matrimonial Causes Act 1899-1929 the court may think it just Williams and

to order.

Dicta of Hill J. in Shearn v. Shearn.

, (1981) P. 1, at p. 4, disapproved.

Decision of the Supreme Court of New South Wales (Hdwards J.) reversed.

*The Matrimonial Causes Act 1899- 1929 (N.S.W.) provides, inter alia, «39. (1) 'The Court may on any de! for dissolution of marriage order husband to secure to the wife for any term not exceeding her life and to the satisfaction of the Court such gross or annual sum of money as it deems reasonable.

(2) The Court shall in making such order have regard to the wife's fortune (if any) to the ability of the husband and the conduct of the parties.

(3) The Court may settle and approve or refer it to the proper officer of the Court to settle and approve of a proper deed or instrument to be executed by all necessary parties.

(4) The Court may in'such case if it sce fit suspend the pronouncing of its decree until such deed or instrument has been duly executed.

VOL, LXXXII.—33