Walker v Walker
[1937] HCA 44(Judgment by: Starke J)
Walker
vWalker
Judges:
Latham CJ
Rich J
Starke JDixon J
Evatt J
McTiernan J
Legislative References:
Deserted Wives and Children Act 1901-1931 NSW - s 4; s 21
Judgment date: 20 August 1937
Judgment by:
Starke J
I agree that the appeal should be dismissed, but I do not agree that the letter which has been referred to was admissible in evidence of the husband's means. It is, of course, an old rule that if a party calls for a document in the course of the trial he is bound to put it in if so required, but it does not follow that every statement in such a document, hearsay and otherwise, is evidence. It is for the court to consider the matter in each case, and in this particular case all that happened was that the letter was put in to confirm the wife's statement that her knowledge of her husband's means was based on hearsay and nothing else. I should not have thought that the letter could in these circumstances be used affirmatively, or that it had any probative value whatever. However, I think there was other evidence which was given of the husband's position in life and positions that he had occupied which were sufficient to support the decision of the magistrate.