Davis v Davis and Hughes

In *Davis v Davis and Hughes*, the Full Court of the Supreme Court of New South Wales considered an appeal concerning allegations of adultery. The appellant, Mrs Davis, sought a divorce from her husband, Mr Davis, on the grounds of his adultery with the co-respondent, Ms Hughes. Mr Davis defended the suit, alleging that his wife had connived at or by her conduct conduced to the adultery.

The central legal issues before the Court were whether Mrs Davis had, through her actions or inaction, demonstrated connivance at her husband's adultery, or whether her conduct had conduced to that adultery, thereby disentitling her to a divorce under section 18 of the Matrimonial Causes Act (No. 14 of 1899). The Court was required to assess the nature of Mrs Davis's knowledge and intent in relation to her husband's relationship with Ms Hughes.

The Court analysed the concept of connivance, distinguishing it from mere suspicion or passive acquiescence. It held that connivance requires a corrupt intention, meaning a willingness to allow or facilitate the adultery for some ulterior motive. The Court further examined the principle of conduct conducing to adultery, which involves a broader assessment of the respondent's behaviour and its causal connection to the adultery. The Court found that while Mrs Davis may have been aware of her husband's association with Ms Hughes, there was insufficient evidence to establish the requisite corrupt intention for connivance, nor was her conduct found to have directly conduced to the adultery in a manner that would disentitle her to relief.

The appeal was allowed, and the decree nisi for divorce was granted.