Fink v Fink [1946] HCA 54

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ie Cons ; ne # App! Placer Sens Sens ee 4 i Yai ye fees a moe ous ee eS eC 74 C.L.B.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

PMNS gt : 'i é c 5 E . APPELLANT; PLAINTIFF, AND PENS = z : s c f 5 F . REsponpDENT. DrrFENDANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Damages—Breach of contract—Loss not assessable in money—Loss dependent on con- tingency—Husband and wife—Agreement in composition of differences—Period of agreement limited—Wife to be permitted to remain in matrimonial home for one year—Husband not to take divorce proceedings within a year—Loss by wife of opportunity to effect reconciliation.

Assignment of Chattels—Bill of sale—Power to seize properly—Instruments Act 1928 (Vict.) (No. 3706), s. 30.

By an agreement in writing between husband and wife, after reciting that the husband had made allegations against his wife and that the husband was not at present prepared to agree to a reconciliation but had agreed to permit the wife to remain in the matrimonial home and not to proceed for a divorce for a period of a year or until the wife should commit a matrimonial offence or be guilty of other conduct such as would revive a condoned offence, the husband agreed, subject to a proviso as to the wife's behaviour, for a period of a year to permit the wife to remain in the matrimonial home and to maintain her and not to take any proceedings for divorce. The wife brought an action against the husband claiming substantial damages for breach of the agreement in that he did not permit her to remain in the matrimonial home for a year and, in breach of what was claimed to be an implied condition of the agreement, he interrupted and adversely affected the peaceable and quiet occupation and enjoyment of the matrimonial home by her. She alleged by way of damage that she had been deprived of the opportunity (a) of being reconciled to the husband; (6) of a normal married life with the husband ; (c) of living with and being supported and maintained by the husband in a comfortable environ- ment during the rest of her life.