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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Hobhouse v Hobhouse [1998] EWCA Civ 1970 (08 December 1998) URL: http://www.bailii.org/ew/cases/EWCA/Civ/1998/1970.html Cite as: [1999] Fam Law 212, [1998] EWCA Civ 1970, [1999] 1 FLR 961 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
FAMILY DIVISION
(MR JUSTICE CONNELL)
Strand London WC2 |
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B e f o r e :
LORD JUSTICE THORPE
LORD JUSTICE MUMMERY
____________________
CHARLES JOHN SPINNEY HOBHOUSE | ||
Petitioner/Respondent | ||
- v - | ||
KATRINA JULIA DENZIL HOBHOUSE | ||
Respondent/Appellant |
____________________
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 831 3183
Official Shorthand Writers to the Court)
MR N MOSTYN QC & MR V LE GRICE (Instructed by Messrs Thrings & Long, Bath) appeared on behalf of the Respondent
____________________
Crown Copyright ©
"(1) The ... Judge erred in finding as a fact that the [wife] would leave England to live in Australia in between three and five years time, when there was no evidence of such a possibility adduced by either party and neither had been given an opportunity of addressing the Judge on the implications of such a finding.
(2) The ... Judge failed to consider and/or provide for, adequately or at all, the [wife's] need to be housed during the period of about twelve years before she might reasonably be expected to inherit... He considered only the period of three to five years ... for which period he made provision intended to enable the [wife] to rent accommodation in England."
"It is not possible to give `precise' plans for my independent future as
(1) this is dependent upon the outcome of this case.
... I enjoy English country life and pursuits and have made many friends here and would like to continue life on the above stated basis.
...
My way of life for the last 4 years has been destroyed by my marriage breakdown and until I have a home and some capital to readjust it is going to be very difficult for me to make constructive plans."
"[In order] To make a positive and constructive start on readjustment, written instructions have been sent to Australia to get details of being re-admitted as a solicitor, insurance brokering managerial posts and work on family estates."
"... told me very plainly little more than a year ago when the divorce proceedings had already been in progress for at least six months that she wanted her daughter home both because she loved her and also because she finds her a great help at the family home of Mount Gilead."
"... where do you wish to live now that your marriage has come to an end..."
"I wish to live in England on the basis that we were proposing to live as a married couple. In other words, visiting Australia for perhaps three and four months of the year but living in England."
"... I have been visiting England since I was about 17. I first came over with my parents and stayed with friends in Northamptonshire. They lived in the country. They were very keen on hunting and country pursuits, and I found that very much to my liking, and subsequently I came over probably almost every other year for many years, hunting and enjoying English country life."
"I do not think that that is a possibility. Certainly the relationship between my mother and myself has changed and I do not think there is any possibility of my going back."
"Certainly things are strained at the moment, but apart from that, I think there is a change that is caused simply by the fact that I have been away, I have led a married life for five years, and I do not see that I can possibly go back to being the unmarried daughter living in my mother's household."
"Anything is a possibility. If my brother gets hit by a bus next week, yes."
"That seems to me to be saying that you have sent instructions to Australia to find out about employment opportunities. Why would you have done that if you did not have the intention of going there?"
"It is simply a matter of looking at all options.
MR MOSTYN: So Australia is certainly an option?
A. No, it is not.
MR MOSTYN: I am not saying you have to go there.
A. No, it is not an option, but certainly if I do not have the funds to buy a house, I do not think I have the funds of my own at the moment to live a suitable life in this country. I will probably be forced to go back to live with my mother, but that is not a desirable situation."
"Exactly, it is an option.
THE JUDGE: It is an option but it is not a an option that you would welcome?
A. Exactly."
"About your brother: has he always lived and worked at Mount Gilead or has he worked from time to time elsewhere?
A. No, he worked in Sydney for a number of years, and in Melbourne as well, as an investment analyst for pension funds for a very long time; I suppose it was more than ten years, and then he has been working on the property for, I suppose ... maybe it is eight years, seven years, something like that."
"Does he take an active part in the life of the cattle and agricultural side"
the wife answered:
"He was not particularly interested in cattle. He was much more interested in machinery and irrigation."
"I have always lived in Australia until the age of 39. I would like to keep some sort of interest in that, and I explained that to Charlie at the time. I do not really want to be absolutely removed from everything, and I do not want to be alienated from my mother, especially given that I do not have a family of my own. I will be very much reliant upon my family, my Australian family, in the future."
"As to the suggestion that the wife should return now to live at Mount Gilliad with her mother, the documents placed before the court which emanate from Lady Dorothy McArthur-Onslow made it plain that that lady is very angry that she has been asked to disclose details of her wealth to the court in the context of these proceedings. Whilst it is clear that she places the prime responsibility for this at the door of the husband, nonetheless I conclude that she is less than pleased with her daughter who contracted this unsuccessful marriage and made the decision to emigrate to England. It is as a result of the daughter's financial claims ... that Lady Dorothy has become involved, even if at second-hand ... I accept that this feature would make it difficult for the wife to return to live in Australia over the next few years. That said, I conclude that the wife is very likely to return to live in Australia in the slightly more distant future, since this is where her roots are and where her immediate family still live. She is domiciled in Australia, she is an Australian citizen who holds an Australian passport and in all the circumstances I conclude that she is likely to return to Australia in about three to five years time."
"The failure of this marriage and the fact of these proceedings has had an adverse effect upon [the wife's] relationship with her mother, which will no doubt be cured over time. But she cannot in my view be expected to abandon her English way of life and return to her mother's home at this time and in these circumstances. Over the three to five years which I have previously referred to she will need a satisfactory home where whilst she restores her family ties and prepares gradually for what I believe will be her inevitable return to Australia."
"She may decide to rent or she may decide to buy a house from her own available funds, thereby diminishing her investment income. I propose to award her £75,000 under this particular heading."
Order: Appeal dismissed with respondent's costs to be paid by the appellant on the standard basis; no order for costs on the respondent's notice. (This order does not form part of the approved judgment)