LAWS2012 Lecture 4: LAWS2012 - Chapter 4
Document Summary
4. 1. 2 intention to control: control itself usually demonstrates intention, e. g. locking a car, control of land may demonstrate intention to possess goods found on land. Facts: nca entered f"s premises with a valid warrant because f"s son suspected of illegal activities, nca finds bag of cash, f unaware of bag. Held: money found on private property, f has intention to possess things held as part of her interest in land. But title does not automatically transfer to purchaser upon abandonment; there must be acts of appropriation: appropriation requires a manifest intention to exercise control over the good. Here, taking possession of the land evinces intention to exclude others from hay. Issue: did anz have custody of documents since commissioner had power to order those who had custody of information: held: purpose of legislation is to allow tax department to get information.
