Sampson v Sampson

This case involved an appeal to the High Court of Australia from an order of the Full Court of Western Australia, which had granted a new trial in a divorce suit. The original suit was brought by the respondent husband against the appellant wife on the grounds of adultery. A jury heard the case and returned a verdict in favour of the appellant wife.

The legal issue before the High Court was whether the Full Court of Western Australia had erred in granting a new trial. Specifically, the Court had to consider the principles on which an appellate court may set aside a jury's verdict on a question of fact, particularly in a divorce suit where the credibility of witnesses was central to the determination of adultery.

The High Court reasoned that a jury's verdict should only be set aside if it is one that reasonable men, applying their minds to the evidence, could not have given. The Court noted that the evidence presented by the petitioner relied on the direct testimony of three witnesses who claimed to have observed the alleged adultery through a small window. The defence, however, presented a different account, including the presence of a lit candle in the room, which would have significantly impacted visibility. The jury, having viewed the premises and heard the witnesses, accepted the defence's version. The High Court emphasised that appellate courts are reluctant to interfere with jury findings, especially when credibility and demeanour of witnesses are involved, as the jury has a unique advantage in assessing these factors. The Court found that the jury's verdict was not unreasonable, as it was open to them to disbelieve the petitioner's witnesses, particularly given their role as "emissaries" seeking to find evidence.

The High Court allowed the appeal, discharged the order for a new trial, dismissed the motion for a new trial with costs, and restored the original judgment. The respondent was ordered to pay the costs of the appeal, including the costs of the motion for special leave to appeal.