$433,000 is hidden in a cupboard without Mrs. Flack’s knowledge. The money is confiscated by the police who think it might be proceeds of crime; This is never established, and Mrs. Flack wants it back; Issue: Is something in a house that the person is not aware of a possession? Held: WebFlack v National Crime Authority; Parker v British Airways Board; Waverly Borough Council v Fletcher; Bridges v Hawkesworth; 11 Q Flack v National Crime Authority. A Mrs Flack had possession of a briefcase containing nearly $1.2m before the police took possession of it. She was unaware of its existence before the police seized it.
Topic 1 Part B Possession & Personal Property Lee v Taylor
WebFlack v National Crime Authority. Principle: You can intend to possess without knowing existence ... Port Swettenham Authority v TQ WU. Principle: Bailment - With security systems have to show both that they are reasonable and that they were applied reasonably Facts: 93 cases of pharmaceutical goods given to port authority, 64 went missing ... WebFlack v National crime authority. Intention to possess is the other element. All that is required is an intention to possess something for the time being. There is no need to intend to own it or possess it permanently. Sometimes you can intend to possess something (say a suitcase) without meaning to possess its contents. The same goes for a house. cyst on foot between toes
The common law and private property ALRC
WebThis is protected by the law of Tort (nuisance), but is recognised as a proprietary right ( Dalton v Angus & Co (1881) 6 App Cas 740 at 808). This is something that falls under the law of tort and law of nuisance. A property owner will own some of the subsoil, explicitly reserve for the crown the rights to anything that holds high value e. gold ... Web7 Flack v Chairperson, National Crime Authority (1997) 150 ALR 153 and 156 (FCA). 8 The issue is discussed by Palmer in Possessory Title in Palmer and McKendrick (eds) Interests in Goods (2nd ed, LLP, 1998). 9 Blackstone: 2 Black Comm 199. 10 Harris v Lombard NZ Ltd [1974] 2 NZLR 161. Webrise to tort actions in conversion or detinue once that authority has lapsed. For example, in National Crime Authority v Flack (1998), the plaintiff, Mrs Flack successfully sued the National Crime Authority and the Commonwealth for the return of money found in her house and seized by the National Crime Authority. Heerey J noted a common law cyst on foot removal