Campani & Suyapto

In the matter of *Campani & Suyapto*, heard before Dawe J, the applicant sought a decree of nullity in respect of a marriage solemnised in South Australia. The dispute arose from the applicant's assertion that he did not give real consent to the marriage due to the respondent's fraudulent actions, which led him to marry a person he mistakenly believed to be someone else. Furthermore, the applicant alleged that the respondent was already lawfully married at the time of the purported marriage. The respondent did not oppose the application for nullity.

The court was required to determine whether the marriage was void ab initio on the grounds of lack of genuine consent due to mistake, or alternatively, on the basis that the respondent was already married. The applicant also sought a declaration regarding the validity of the marriage.

Dawe J reasoned that the applicant's mistaken belief as to the identity of the respondent, induced by her fraudulent conduct, meant that there was no true consent to marry the person he believed he was marrying. This vitiated the consent required for a valid marriage. Additionally, the fact that the respondent was already lawfully married at the time of the ceremony rendered the subsequent purported marriage void. The court applied principles of family law concerning the validity of marriage and the grounds for nullity, particularly where consent is absent or vitiated by fraud or mistake, and where a party lacks the legal capacity to marry due to a pre-existing lawful union.

Consequently, Dawe J pronounced a decree of nullity, declaring the marriage absolutely null and void. The court also dismissed the applicant's alternative application for a declaration regarding the validity of the marriage and removed all related matters from the pending cases list.