Property Law

National Crime Authority v Flack (1998) 86 FCR 16

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Facts:
  • $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:
  • So strong is one’s possession over the objects inside their residential property that they usually do not need to show animus posidendi – usually
  • The owner of a premises does not need to prove they own the chattels, ownership of the premises is sufficient
  • Access to a residential property is so restricted that people do not need to show the animus posidendi
  • It is not necessary to access all areas of the home in order to show control over them
  • Just because something is unusual doesn’t mean it doesn’t count

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