Gavin v Gavin - Summary [1990] SBHC 13; HC-CC 249 of 1989 (7 August 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No.249 of 1989

GAVIN

-V-

GAVIN

High Court of Solomon Islands

(WARD, CJ.)

Hearing: 1 August 1990
Judgement: 7 August 1990

J. Corrin for the Plaintiff
A. Nori for the Defendant

Separation Agreement - breadown of marriage - specific performance - maintenance provision - variation of terms - public policy

Facts: The plaintiff, who was the wife of the defendant, claimed specific performance of an agreement in writing entered into between herself and her husband. The agreement came about following the breakdown of their relationship and its provided, into alia, that the defendant should pay the plaintiff half his nett monthly salary for the maintenance of herself and her daughter. The amount payable was agreed to be $1,500.00 per month which the defendant paid until July 1989 when the defendant reduced payments to $750.00 per month.

The plaintiff sued the defendant for the balance and specified performance of the agreement.

Held:

1. The plaintiff is entitled to the balance owing under the agreement as well as specific performance of the agreement.

2. The provision in the agreement allowing variation in the payments do not allow one party to arbitrarily and unilaterally shed his obligations.

3. The agreement makes provisions for a marriage that had already brokendown. It is valid and enforceable cases referred.

Fender -v- Mildmay [1937] 3 ALL ER 402
Goodinson -v- Goodinson [1937] 2 ALL ER 255