Hobbes v NSW Trustee Guardian o Made gifts to her which became effective on his

Hobbes v nsw trustee guardian o made gifts to her

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supported by evidence of the most clear & unequivocal character. Hobbes v NSW Trustee & Guardian o Made gifts to her which became effective on his death a bank credit balance, a fixed term deposit, and his unit (real property) o “when I go everything is yours” not inter vivos o Held that he intended to give her the money in a bank account Delivery of the bank passbook was a sufficient delivery of the indicia of title. Similarly a card, which evidenced a term deposit of $100,000 was sufficient to transfer title mortis causa to her.
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o Not possible to have a valid donationes mortis causa of real property in Australia (element 2) If it was, the delivery of the keys was not sufficient Would also need a transfer of the documents of title Make sure you understand the principles 3. Testamentary Gifts AFTER DEATH Gift made by will not concerned with this in prop law o 4. Abandonment Leonard George Munday V. Australian Capital Territory (1998) Munday was tip scavenger Tip owner could stop him – semi public place Posting of signs saying ACT intended to manifest control over them – they owned prop Johnstone & Wilmot v Kaine “On the whole I think that I should adopt the rule that the intentional abandonment of a chattel by the owner of it does not divest him of his ownership .” o 5. Barter International Barter In 2004 the WTO estimated that 15% or $8.43b in international trade was conducted on a non cash basis According to the US Dept of Commerce barter accounts for nearly 30% of world business Example: o Pepsi Cola’s arrangement with Russia where Pepsi is sold in exchange for Russian vodka and Russian-built oil tankers The vodka is exported and sold for hard currency The tanker can either be sold or operate in international trade for hard currency o They do this because some currencies are worthless in international viewpoint Extremely complex goes through many hands many transactions after initial exchange
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Topic 11: Native Title Rights & Interests 11.1 Brief History of Native Title + Landmark Cases Settled as terra nullius (land belonging to no one) 1979 protests Noonkanbah drilling still went ahead (they found no oil but still destroyed the sacred site) Mabo v Queensland No 2 (1992) CLR o That the Meriam or Murray Islanders people held traditional connection to their land o There was a concept of native title at common law o The source of native title was the traditional connection to or occupation of land o Native title could be extinguished by valid exercise of government powers 1993 Native Title Act o This preamble sets out considerations taken into account by the Parliament of Australia in enacting the law that follows. o The people whose descendants are now known as Aboriginal peoples and Torres Strait Islanders were the inhabitants of Australia before European settlement.
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