CASE SUMMARY GUIDE

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CASE SUMMARY TEMPLATE

Case citation Lottie v Lottie [2015] HCA 17

Court (include names High Court of Australia
of judges who heard Wang J
the case)
Facts The Parties are married.
Mr Lottie went to the pub when the wife was sick with food poisoning.
Mrs Lottie is arguing that her husband broke the contract of their
wedding vows by not taking care of her in sickness.
Mr Lottie argued that he was instructed not to work that day to honour
ANZAC day and helping his wife would be a form of work
Procedural History Parramatta District Court: plaintiff successful – first instance
Appeal to Supreme court: allowed.
Appeal to High Court: current matter

Issues Did the parties intend the marriage agreement to legally bind them?
What were the terms of their marriage agreement?
Was there a breach of that agreement?
If so, what damages flow from the breach?

Decision and orders Orders were made to allow the repeal and for the respondent to pay
made damaged in the sum of $40 000 plus costs.
Court’s The marriage agreement was legally binding because they used the
reasoning/decision words “lawfully wedded husband/wife”.
Yes, there was a breach. This is because Mr Lottie chose to avoid a
remote potential loss of employment over a proximate real loss of his
wife’s wellbeing.
Damaged for direct losses incurred in the sum of $37 000 based on
spending to relieve symptoms of her ANGRY disorder. A further $3000 of
consequential losses were necessary to restore the Appellant’s physical
self to its former condition.
Ratio decidendi A marriage agreement is legally binding and comprises the marriage
certificate and oral vows. Breach of a marriage agreement can result in
an entitlement to claim damages.

Obiter dicta If Mr Lottie’s employment contract had specifically stated that “work”
included helping family members and by doing so would result in
immediate dismissal, it is unlikely a breach would have been found.