Week 1 - What is Property
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What is Property?
LAWS2706 – Week 1
LECTURE NOTES
READING NOTES
VICTORIA PARK RACING AND RECREATION GROUNDS CO LTD v TAYLOR (1937) 58 CLR
479 (HCA)
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In this legal case, the Victoria Park Racing and Recreation Grounds Co Ltd brought an action against
Taylor and others for broadcasting live commentary of horse races from a platform on Taylor's land.
The plaintiff argued that this constituted a nuisance and interfered with their business. However, the
court ruled in favor of the defendants, stating that they did not interfere with the plaintiff's land or
enjoyment thereof, and that competition is not a cause of action for a nuisance. The court also
rejected the plaintiff's argument that they had a quasi-property right in the spectacle of the horse
races.
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Precedent: The court in this case did not find any precedent to support the plaintiff's argument that
they had a quasi-property right in a spectacle.
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One judge rejected the owner's claim, arguing that the right to exclude others from broadcasting the
descriptions did not fall within any recognized category of legal or equitable protection. The other
judge agreed, stating that the owner did not have an exclusive right to disseminate information about
the races, and that the broadcaster had not breached any contract or committed any other
wrongdoing.
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A precedent cited in the passage is Sports and General Press Agency Ltd v Our Dogs Publishing Co
Ltd, which held that the proprietors of a dog show did not have an exclusive right to photograph
exhibits at the show and therefore could not grant such a right to a plaintiff who sought an injunction
against a defendant who had also taken pictures of the show.
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nuisance, as the racecourse did not have an absolute right to exclude all others from viewing its
events. However, the court did note that there may be limits to this right and that the advance of
technology, such as television, may force the courts to recognize a right to privacy or protection
against complete exposure.
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Precedent: International News Service v. Associated Press (1918), where the US Supreme Court held
that news events are not property and that a person who creates an event or spectacle does not
thereby entitle themselves to the exclusive right of first publishing the news or photographs of the
event or spectacle.
YANNER v EATON(1999) 201 CLR 351 (HCA)
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In Yanner v Eaton (1999) 201 CLR 351, the High Court of Australia considered the legality of
hunting in a reserve without permission from the traditional owners. The case focused on the
interpretation of the word "take" in the Aboriginal and Torres Strait Islander Heritage Protection Act
1984 (Cth) and whether it includes hunting.
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The majority judgment delivered by Gleeson CJ, Gaudron, Kirby and Hayne JJ held that hunting is
not included in the definition of "take" in the Act and that the defendant's actions did not constitute
an offence. However, Gummow J dissented, arguing that hunting should be included in the definition
of "take" and that the defendant should be convicted.
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The established precedent from Yanner v Eaton is that the word "take" in the Aboriginal and Torres
Strait Islander Heritage Protection Act 1984 (Cth) does not include hunting. This case also highlights
the importance of interpreting legislation and the potential for disagreement among judges in the
interpretation of legal terms.
MOORE v REGENTS OF UNIVERSITY OF CALIFORNIA 793 P 2d 479 (1990) (Sup Ct Cal)
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the plaintiff argued that the defendant's use of his cells, which were taken without his consent,
constituted conversion and trespass to chattels. The cells were used to create a commercial cell line
that generated significant profits for the defendants. The court held that once the cells were removed
from the plaintiff's body, they were no longer his property, and the defendant had not committed
conversion or trespass to chattels.
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Panelli J dissented, arguing that the plaintiff had a property interest in his cells and that the
defendant's use of the cells constituted a taking. Mosk J also dissented, arguing that the plaintiff had
a right to control the commercial use of his cells.
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The overall ruling was that a person does not have an ownership interest in their cells once they have
been removed from their body, and that the commercial use of cells does not constitute conversion or
trespass to chattels. This established precedent in California that individuals do not have property
rights in their cells once they have been removed from their body.
SEMINAR NOTES
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Chattels real is absolute in QLD but may have value in other jurisdiction
Question 1:
a)
An agreement to enter upon someone’s land to cut down trees and sell the timber.
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Land = real property corporeal
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Agreement = real property incorporeal
b)
A cheque for $100 made out in your favour.
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Chose in action
c)
A share in Qantas Airways Ltd.
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Chose in action
d)
A registered lease of a commercial warehouse for five years.
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Real property, corporeal, leasehold
e)
Native title over unclaimed Crown land.
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Sui generis, native title
f)
An iPad.
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Chose in possession
g)
A Jarah tree in the ground.
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Real property corporal
h)
A licence to use a stall for the sale of food at a theme park.
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Chose in action
i)
A stereo system built into a car.
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Chose in possession
j)
A debt of $10,000 owed to a creditor.
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Chose in action
k)
A parcel of freehold land at Woolloongabba.
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Real property, corporeal
l)
The trademark “Coca Cola”.
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Choses in action
m)
An idea to maximise the efficiency of the internal combustion engine.
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Choses in action
n)
A textbook on admiralty law. (Are there any other categories of property pertaining to this object?)
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Chose in possession
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Contents of the book = copyright/trademark = chose in action
Question 2:
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