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6 Pages • Topic Notes • Year Uploaded: 2024
Lecture 9 (W5): “Property”: (a) the thing itself; (b) the legal interest in the thing; (c) ambiguous usages. The word “property” may describe many different kinds of relationship between a person and a subject matter: Yanner v Eaton (1999) 201 CLR 351 at 365[17]-367[21]. In Milirrpum v Nabalco Pty Ltd (Gove Land Rights Case) (1971) 17 FLR 141 at 272, Blackburn J noted that a property/proprietary right generally includes: (a) the right to use or enjoy: Milirrpum v Nabalco at 272; (b) the right to alienate (=dispose of): R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 at 342-344 (Mason J), at 353 (Wilson J); (c) the right to exclude others: Stow v Mineral Holdings (Australia) Pty Ltd (1977) 180 CLR 295 at 311-312 (Aickin J)
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