Flack, Margaret Elizabeth v Chairperson, National Crime Authority & Anor [1997] FCA 1331

Flack, Margaret Elizabeth v Chairperson, National Crime Authority & Anor [1997] FCA 1331

Mrs Flack, as tenant and sole occupier of the residential premises, manifested control over the premises and the things within them and therefore had possessory title to the briefcase and $433,000 found in her cupboard, notwithstanding that she was not the owner and did not know of them before the search. Once the respondents accepted there was no current operational necessity to retain the items, their continued retention was wrongful, and no Jones v Dunkel inference or unsupported suspicion under s 82 of the Proceeds of Crime Act 1987 defeated her entitlement to return of the items.

Jurisdiction
Australia
Judgment Date
26 November 1997
Procedural Posture
Application Challenging Refusal to Return Goods Seized Under Search Warrant, With Accrued Claim in Conversion for Return of the Briefcase and Contents or Damages in Lieu / Final Judgment Following Hearing
Outcome
The applicant succeeded; the Commonwealth was ordered to deliver up the briefcase and $433,000 to the applicant; the applicant's cross-vesting motion was dismissed; the respondents were ordered to pay costs.
Legal Topics
['conversion' 'possessory Title to Chattels' 'seizure and Retention of Goods Under Search Warrant' 'rights of Occupier of Residential Premises Over Goods Found on Premises' 'jones V Dunkel Inference' 'proceeds of Crime']
['tort' 'administrative Law' 'federal Jurisdiction' 'criminal Investigation and Search Warrants'] ['conversion' 'possessory Title to Chattels' 'seizure and Retention of Goods Under Search Warrant' 'rights of Occupier of Residential Premises Over Goods Found on Premises' 'jones V Dunkel Inference' 'proceeds of Crime']

Case Brief

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Procedural Posture

Application Challenging Refusal to Return Goods Seized Under Search Warrant, With Accrued Claim in Conversion for Return of the Briefcase and Contents or Damages in Lieu / Final Judgment Following Hearing

Legal Issues

  1. 1 ['Whether the applicant, as lessee and sole occupier of residential premises, had possessory title sufficient to sue in conversion for a briefcase and money found in her cupboard, although she did not own them and did not know of them before the search.' 'Whether knowledge of the existence of goods is necessary for an owner or occupier of residential premises to establish possessory title over goods found in the premises.' 'Whether the National Crime Authority or Commonwealth could continue to retain the briefcase and money after any operational need connected with the search warrant had ended.' "Whether the applicant's failure to give evidence required adverse inferences under Jones v Dunkel that defeated her claim." 'Whether return of the money should be refused because possession might contravene s 82 of the Proceeds of Crime Act 1987.']

Ratio Decidendi

Mrs Flack, as tenant and sole occupier of the residential premises, manifested control over the premises and the things within them and therefore had possessory title to the briefcase and $433,000 found in her cupboard, notwithstanding that she was not the owner and did not know of them before the search. Once the respondents accepted there was no current operational necessity to retain the items, their continued retention was wrongful, and no Jones v Dunkel inference or unsupported suspicion under s 82 of the Proceeds of Crime Act 1987 defeated her entitlement to return of the items.

Court Disposition

The applicant succeeded; the Commonwealth was ordered to deliver up the briefcase and $433,000 to the applicant; the applicant's cross-vesting motion was dismissed; the respondents were ordered to pay costs.

Orders

  • ['The second respondent deliver up to the applicant the briefcase seized pursuant to a search warrant on 13 April 1994 together with the contents thereof, namely the sum of $433,000.' 'The motion filed on 12 December 1996 be dismissed.' "The respondents pay the applicant's cost of the application, including reserved...