High Court Wellington
1 May; 15 July 1957
McGregor J
1 May; 15 July 1957
McGregor J
Divorce and Matrimonial Causes — Maintenance — Payments under Separation Order — Petitioner informed erroneously by Respondent's Committee that Order for Maintenance in Decree Absolute cancelled Previous Separation Agreement — Respondent's Committee subsequently obtaining Judgment for Arrears under Maintenance Order from Date of Decree Absolute — Respondent estopped from Enforcement of Rights which Petitioner had been led to believe would not be enforced.
Estoppel — Equitable Estoppel — Party seeking to enforce Strict Rights — Duty of Court to decide whether Inequitable to allow Him to enforce Rights which He has induced Other Party to believe would not be enforced
Husband and Wife — Maintenance Agreement — Express Covenant that Maintenance payable so long as Wife leads Chaste Life — Condition Subsequent — Onus of Proof of Event discharging Husband from Future Payments on Husband.
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