IMPORTANT POINT

Dominion, Volume 29, Issue 208, 30 May 1936, Page 7

IMPORTANT POINT

Sheepfarmer Sued For Maintenance Charles Whitworth Hole, sheepfarmer, of Rewa, Feilding, was defendant at tiie Supreme Court, Wellington, yesterday in a claim for £2OB based on an alleged permanent agreement to pay £5 maintenance weekly to his wife, Ottoline Valerie Hole, of Wellington, who was divorced from defendant in May, 1934, on the ground of mutual separation. Plaintiff claimed £2 a week was owing to her for two years from March 7, 1934. Mr. Justice Blair presided. Mr. W. E. Leicester represented plaintiff and Mr. W. Perry defendant. Tiie defence was a denial of an agreement to pay maintenance at £5 a week and, alternatively, if there had been it bad been abrogated, first by the divorce and, secondly, by a court order made for £3 weekly. His Honour found there was unquestionably an agreement to pay £5 a week, and obviously it was always treated by the parties as binding. There was no dispute by Hole as to that. Nor did he think any agreement previously existent was cancelled by the payment of £135. At his Honour's request, Mr. Leicester then addressed tiie court on whether it could rule an agreement at £5 a week or whetiier it was to be treated as ended on the obtaining of tiie divorce and tiie proceedings for permanent maintenance.

Stating that a question of some impirtance arose, his Honour reserved his decision.