Paterson v Paterson [1953] HCA 74

Aff. ab 21? RRO et Node. Bf ie 14 ti a eek 22)

Afl-KA22-79 WN [52 . 62 sk. seo

fc HIGH COURT "ges

M1966. VR VAL | be at if aly ¢. C928) tow, LR 86 &—

for 128) nf. P7ER $23 - 'E 99 COR RA. Diker ecw, [h 296 PATERSON AND ANOTHER : 5 : APPELLANTS ;

SALRS. we "3 ResponDENT AND CO-RESPONDENT,

(HIGH COURT OF AUSTRALIA.]

AND Po by G1b8S. TF. FPA 318/94 -UGALTL-74. ; A ey PATMRSON(¢ 2 76 REsronpENs! PETITIONER, heck % (G76VR. 4. ON APPEAL FROM THE SUPREME COURT

hi. Sohnze : 59. OF VICTORIA.

H. C. or A. Matrimonial Causes—Dissolution of marriage—Adultery—A ppeal—Interference by

1953. appellate court with finding of fact made by trial judge—Conflict of evidence— ae Marriage Act 1928 (Vict.) (No. 3726), s. 76 MELBOURNE,

Ous Hvidence—Admissibility—Cross-examination of party on contents of letters addressed cl. O35 mes to her, but never received by her.

Sypney, In a husband's suit for dissolution of marriage on the ground of the wife's Nov. 18. adultery the judge who heard the suit inferred adultery from circumstances Dixon €.J., he found upon oral evidence notwithstanding evidence in dissent by the wei Gul respondent and co-respondent whom he disbelieved.

ae Held, that while the appellate power of the Court extended to the re- eZ

CAR.B7E. examination of the facts, the judge's estimate of the respondent and co- respondent was of the first importance and his estimate not only of the general bft- 57. ALT 3s credibility of the witnesses for the petitioner but of the reliability of their detailed observation was decisive and these were matters on which his opinion y could not be revised by a court of appeal. The circumstances found were fol. dA Le API. enough to support an inference of guilt and the learned judge's interpretation of them was made in the light of his estimate of the parties and what appeared Al Slic FLd. 4. in the course of the trial. His finding could not be reversed. Ayo. \y2 CLR So Review, by Dixon C.J. and Kitto J., of the authorities dealing with C+ foil (i485) 3 NowLR Be retire ef a Cou of appeal in relation to the reviewing of findings of Palisa uSticr 263 act by a primary judge.