APPEAL COURT

Hokitika Guardian, 20 July 1936, Page 4

APPEAL COURT

JUDGMENT GIVEN (Per Press Association, Copyright) WELLINGTON, July 17. The Court of Appeal gave judgment this afternoon in the appeal from the decision of Mr Justice Fair in March last, by which Alexander Pooley Auckand, was ordered to pay maintenance to his former wife ; Violetta Irene Pooley. The parties were divorced in September, 1931, and the husband made payments until January this year, when by reason of a reduction in the amount paid to her, the wife commenced proceedings for permanent maintenance. In the judgment, Acting Chief Justice Reed said three principles were ueducible from the English authorities applicaole to New Zealand. These were (1) That an application for maintennee must be made witnin a reasonable time after the decree absolute; (2) What is reasonable time depends on all the circumstances of the case; (3) The lapse of time alone is not a sufficient bar. In the present case, the fact that the husband paid maintenace from the time of the decree absolute according to the arrangement between the parties, was sufficient excuse for the wife bringing her application some four years after the marriage had been dissolved. It could not be said as a matter of law that the trial judge exercised his discretion wrongly, and accordingly, the appeal must be dismissed. Separate judgments to the same effect were delivered by Justices Smith and Johnston. Justice Northcroft dissented from the view of the majority, holding he could find no circumstances which afforded a reasonable excuse for delay by the wife in bringing the application for maintenance. The judgment was entered in accordance with the majority view.