LAWS2706 Study Guide - Final Guide: Gross Negligence, William Gummow, Norman Ross
Document Summary
Possession: possession requires control of a thing and an intention to possess it. Intention to possess: all that is required is an intention to possess something for the time being no need to intend to own it permanently, usually determined through objective surrounding circumstances. Ownership and possession: ownership has the potential for permanence, whilst possession is always subject to the rights of the true owner. The nature of ownership: the ownership of personal property amounts of complete control over the thing dominum, re jigrose, facts: bales of hay were left behind on property after the sale. Here, the chattel was deemed abandoned, and the purchaser had appropriated them by locking the bales of hay in the paddock: act v munday, facts: act ran a tip which munday scavenged from. The government asserted ownership of the dumped goods and sought to restrain munday from scavenging: higgins j the regulation preventing scavenging was valid.
