26 When giving their evidence either viva voce or by affidavit, the applicant and the respondent were duty bound to comply with the stipulations in Kuhl v Zurich Financial Services Australia Ltd[1] where the High Court held that a witness must tell the truth, the whole truth and nothing but the truth. Omitting from her evidence-in-chief a matter as significant as the applicant's contention that she accepted the respondent's proposal of marriage and thereby became engaged to him was serious, in my view. It required me to very carefully examine what each said, and in considerable detail. It must not be overlooked that I am not required to accept evidence, even uncontroverted evidence, if that evidence is contrary to the way events are likely to have occurred.[2]
27 Returning to the applicant's recital of events from her 12 September 2024 affidavit, she deposed to telling the respondent she was leaving upon being shocked at finding out the respondent had organised a wedding for them at which time she deposed to the respondent telling her "it was a simple prank" (her words). Once she had telephoned a friend and was told she could not get married without filing a notice of intention to marry, she proceeded with the process "in the belief that it was just a prank" (her words).
28 The word "prank" means different things in common parlance but I took the applicant to convey by the use of that word a hoax or a comic event intended to have no legal significance.
29 The applicant deposed to the marriage ceremony itself by stating that the celebrant asked her no questions before commencing, thereby satisfying her in the view that the event was a prank.
30 From the video of the alleged ceremony the parties agreed to produce, and did produce, a transcript of the words used during the ceremony. That became an agreed document. It is utile at this juncture to set out to the agreed transcript of the words used (with errors in the original) –
MC: whatever life you may hold so you can genuinely share your life together
[MSR]: Yes I do
Mc: do you take [Ms Ryba] to be your wife? Would you love her and respect her? Be honest with her and stand by her through whatever life may hold? So you can genuinely share your life together?
