FULL COURT.

Dominion, Volume 2, Issue 330, 17 October 1908, Page 9

FULL COURT.

''' .GEOR'GETTI v. GEORGETTI: : QUESTION OF PERMANENT MAINTENANCE. At a sitting of the Full Court yesterday afternoon, when tho Chief Justice (° ir Robert Stout) and Justices Williams, Denniston, Edwards, Cooper, and Chapman were present, the case of Georgetti v. Georgetti was taken. The facts in this case were as follow:— Elizabeth Ann Georgetti obtained a decree nisi for the dissolution of lier marriage Antoni Marco Georgetti on the ground of hiS misconduct. Petitioner applied for permanent maintenance, and respondent offered to pay a lump sum of £6000 in cash 111 full satisfaction of all claims. This proposal was accepted, but Mr. Justice Chapman, who was asked to make an order accordingly, exr pressed' doubt as to whether* tho Court hail power to order the payment of a lump:sum by„way of alimony to' a-wife who-had obtained a divorce from her husband. .-At his suggestion the question, was referred'to the Full Court. ' . Mr. Myers, who appeared to present the case.to the Court on Dehalf of both parties, said it was conceded that without the eonsent of tho parties tho Court could not approvo of the proposal. It was not a matter which affected tho public interest or one m which the Attorney-General was concerned; only the parties themselves .wore, affected. Mr. Justice Chapman: The parties want an anticipatory decision that if the petitioner is pauperised at a future date she could not make-a-further- claim. Mr. Myers: The respondent in paying £6000 would be doing more than the law requires. It was a provision really in respondent's interest. Mr. Justice Chapman: Could not everything you ask for be arranged by deed? Mr. Myers: It has not been explained to mo why this course is preferred. I understand that • the other course is considered to bo inconvenient. After hearing further argument, The Chief Justice said he thought the question had very properly been referred to tho Full Court. In his opinion the Court had tlie power to ■ make an order -by consent for the payment by respondent to petitioner of ; a gross sum of money. 1 When maintenance was given to a.wife she could alienate the maintenance. Once the Court made the order petitioner could not again come to the Court. Mr. Justice Williams said he was very glad the case had been brought before the Court for decision, because the question was one of considerable importance, and one which might frequently arise. He was satisfied the Court had jurisdiction to mako the order asked for, and that the decree would bo final. The other members of tho Court also came to the same conclusion. It was decided to adjourn until 11 o'clock cn Monday morning.