tamworth industries ltd v attorney general

Year

1991

Treatment

Adopted Parker v British Airways Board "I adopt the analysis of Donaldson LJ in Parker". Considered Bridges v Hawkesworth Distinguished SSWC v Sharman Considered Hannah v Peel

Ratio Decedendi

An occupier of a property has not manifested an intention to exercise control over a property and the things that may be found on it or in it, in order to have a stronger claim to an article found there than the finder when the true owner cannot be found, if they have allowed unrestricted public access.

Obiter Dicta

Bank vault or house v public property (reference from Parker v British Airways Board).

Extra Information

Cur adv vult. Adopted finders law into New Zealand. Strongest New Zealand precedent. Level of control was not high enough even though on private property. Hidden = lost or abandoned Public has access even if it is private property

Judges

Eichelbaum C.J. (Chief Justice)

Reasoning

Evidence given does not support a manifest intention to exercise control. "Here, unlike the instances of a locked home, the fenced section or the bank vault. The static circumstances do not, to my mind, give rise to any interference in favour of the occupier at all". "The occupier has failed to discharge the burden of proving the existence of any manifest intention to exercise control over lost property. Accordingly, the plaintiffs claim must fail".

Defendant

Finder (Attorney General - on behalf of Police)

Court

High Court

Outcome

It was held that the finder had the superior claim to the item than the occupier.

Material Facts

Occupier leased a property where the public had a reasonable access to as it was unrestricted. An item was found in a box on the ground under the building. The true owner could not be found.

Plaintiff

Property owner/occupier (Tamworth Industries Ltd)

Citation

Tamworth Industries Ltd v Attorney General [1991] 3 NZLR 616

Issue

Whether an occupier of a property has manifested an intention to exercise control over a property and the things that may be on it, or in it, in order to have a superior claim to the item found, if they have allowed unrestricted public access to the property.