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Psaltis v Schultz

Psaltis v Schultz

Case [1948] HCA 31 25 October 1948

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76 CLR 547

RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF

NEW SOUTH WALES. Marriage-Breach, of promise-Married woman-Promise made after decree nisi

but before decree absolute-Contract-Mistake-Enforceability of promise- Public to questions-Common Law Procedure Act 1899 (N.S.W.) (No. 21 of 1899), 88. 116, 260.

A promise made by a person, after a decree nisi for dissolution of the marriage of the promisee had been pronounced but prior to its being made absolute, to marry the promisee is not contrary to public policy and is valid even though the agreement between those parties did not include a condition that the marriage was not to take place until the decree nisi had been made absolute and notwithstanding the absence of knowledge by one or both of the parties that a decree absolute was still required.

A promise to marry without any time mentioned is a promise to marry within a reasonable time upon request.

Fender v. St. John-Mildmay, (1938) A.C. 1, discussed. Decision of the Supreme Court of New South Wales (Full Court): Schultz V. Psaltis, (1947) 48 S.R. (N.S.W.) 148; 65 W.N. (N.S.W.) 40, affirmed.

APPEAL from the Supreme Court of New South Wales.

In an action brought by her in the Supreme Court of New South Wales, Jessie Boyd Schultz claimed from George Victor Psaltis damages in the sum of £1,000. The cause of action as alleged in the declaration was that " the plaintiff and the defendant agreed to marry one another and a reasonable time for such marriage has

76 CLR 548

OF A. elapsed and the plaintiff has always been ready and willing to

marry the defendant yet the defendant has neglected and refused to marry the plaintiff."

The defendant pleaded that he did not promise as alleged and denied the allegation that the plaintiff had always been ready and willing to marry the defendant.

Liberty therefor having been granted by the Court with the consent of the defendant's attorney, the plaintiff, on 28th February 1947, filed an amended declaration in which, as further amended at the hearing of the action, it was declared in the first count that before and after the making of the promise thereinafter alleged the plaintiff was a person who had been previously married and in respect of whose said previous marriage a decree nisi had been pronounced by the Supreme Court in its matrimonial causes juris- diction not to be made absolute until the expiration of six months after service thereof but the decree nisi had not been made absolute and thereupon the plaintiff and the defendant agreed to marry one another after the decree nisi should be made absolute and from the time of the making of such agreement until the time when the defendant wrongfully refused to perform and broke his promise as thereinafter alleged the plaintiff was always ready and willing to marry the defendant when the said decree nisi should be made absolute yet the defendant thereafter and before the making absolute of the decree nisi…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Psaltis v Schultz [1948] HCA 31
Case: [1948] HCA 31
Decision Date: 25 October 1948

CaseChat Overview and Summary

In *Psaltis v Schultz*, the High Court of Australia considered an appeal from the Supreme Court of New South Wales concerning a breach of promise of marriage. The plaintiff, Jessie Boyd Schultz, sued the defendant, George Victor Psaltis, for damages. The central dispute revolved around a promise to marry made by the defendant to the plaintiff at a time when the plaintiff was still legally married, although a decree nisi for divorce had been pronounced in her favour.

The legal issues before the court were whether a promise to marry made by a person who has obtained a decree nisi for divorce, but before the decree absolute, is valid and enforceable. Specifically, the court had to determine if such a promise was contrary to public policy, and whether it required an express or implied term that the marriage would only take place after the decree absolute, particularly in circumstances where one or both parties were unaware of the precise legal requirements for remarriage.

The High Court affirmed the decision of the Supreme Court of New South Wales, holding that a promise to marry made after a decree nisi but before a decree absolute is not contrary to public policy and is valid. The court reasoned that the decision in *Fender v. St. John-Mildmay* established that such promises are enforceable, even if the parties were unaware that the decree absolute was still required. A promise to marry without a specified time is understood as a promise to marry within a reasonable time upon request. The court found that the jury's findings did not establish a mutual mistake that would invalidate the contract, nor did they demonstrate a lack of readiness or willingness on the plaintiff's part to perform the agreement, given the defendant's anticipatory breach.

Consequently, the High Court dismissed the appeal, upholding the Supreme Court's judgment which entered judgment for the plaintiff for £500 in damages.

Orders