Maloney v Maloney [1908] HCA 79; (1908) 7 CLR 615 (30 November 1908)

HIGH COURT OF AUSTRALIA

Maloney Respondent, Appellant; and Maloney Petitioner, Respondent.

H C of A

On appeal from the Supreme Court of New South Wales.

30 November 1908

Griffith C.J., Barton and Isaacs JJ.

Fealy (solicitor), for the appellant,

P. K. White, for the respondent,

Griffith C.J.

The point involved in this case is entirely a question of fact. The suit was heard before a Judge of very great experience in divorce matters. He heard the evidence of both sides, and therefore was in a position to say which was the more worthy of credence. There was a conflict of evidence. The appellant's contention is that the whole case made by the respondent was false. There can be no doubt that witnesses on one side or the other were lying. The learned Judge who heard and saw the witnesses believed the petitioner, whose evidence, if believed, was ample to establish the charges of misconduct laid in the petition. It was, indeed, impossible for him on that evidence to come to any other conclusion. The appeal must be dismissed.

Barton and Isaacs JJ.

concurred.

Appeal dismissed.

Solicitor, for the appellant, D. Fealy.

Solicitor, for the respondent, J. W. Abigail.