Jeffery v Jeffery [1949] HCA 28

High Court of Australia Latham C.J. Dixon, McTiernan, Williams and Webb JJ. Jeffery v Jeffery [1949] HCA 28

ORDER Grant special leave to appeal from the order of the Supreme Court. By consent treat the motion for special leave as the hearing of the appeal. Allow appeal with costs. Discharge order of the Supreme Court. In lieu thereof order that the respondent pay petitioner a weekly sum of £3 by way of alimony pendente lite from the date of the service of the petition, indorsed with the citation, to the date of the decree nisi for dissolution being made absolute. Order that the respondent pay the petitioner's costs of the application to the Supreme Court for alimony pendente lite including the costs of taking evidence on commission.

Cur. adv. vult.

The following written judgments were delivered:—

Aug. 4 Latham C.J.

This is an application for special leave to appeal from an order of the Supreme Court of the Australian Capital Territory (Simpson J.) dismissing a motion for alimony pendente lite in a divorce suit in which the wife, Marjorie Constance Jeffery, was petitioner on the ground of desertion. Special leave is necessary before there can be an appeal—Seat of Government Supreme Court Act 1933-1945, s. 51. The parties have agreed that, if special leave is granted, the application should be treated as the hearing of the appeal.

The petition was filed on 15th July 1947. The petitioner was in England and the respondent resides at Canberra. On 31st October 1947 the notice of motion for alimony pendente lite was served. Decree nisi was made on 25th May 1948. The motion for alimony pendente lite was heard and dismissed on 30th November 1948. The decree nisi became a decree absolute for dissolution of marriage as of course on 8th December 1948: Ordinance of the Australian Capital Territory No. 5 of 1938, s. 4.