Kurtich v Kurtich - [1957] NZLR 128

Divorce and Matrimonial Causes — Separation — Separation Order made by Magistrate — Petition by Husband on Ground that Order in Force for Three Years — Petitioner's Wrongful Conduct held to be Effective Cause of Separation — Petition dismissed — Later Petition by Husband on Grounds of Seven Years' Separation — Petitioner relying on Separation Order still in Force — Decision on Earlier Petition constituting Conclusive Evidence, binding on Court, of Facts thereby found, including Fact that Petitioner's Wrongful Conduct was Effective Cause of Separation — Petition dismissed — Divorce and Matrimonial Causes Act 1928, ss 10 (j), (jj), 18.