Magill v Magill [2006, Australia]

Facts

  • Father paid maintenance for 3 children
  • Later found 2 children did not belong to him

Issue

  • Could father recover maintenance paid to 2 children to whom he did not biologically father

Decision

  • Mother not liable

Reasoning

  • Court cannot make mother confess to adultery, therefore if there is legally no adultery, the father has no claim
RELATED CASE  Ellison v Ministry of Defence [1996]

Posted in Tort Law Revision Notes.

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