Author Topic: Dave's Wake Up Call  (Read 7725 times)

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TM BILL

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Re: Dave's Wake Up Call
« Reply #30 on: June 20, 2011, 04:18:28 pm »
Dave didn't know the real owner at the time. It was addressed to him.

This is similar to having the bank accidently transfer money into your account, just because it is addressed to you doesn't mean you own it, the test of most sections of the Crimes Act is, 'given the circumstance would any reasonable person assume ownership'. This assumption of ownership would normally be supported by the components of a contract/

Appropriation - defined at s.73(4) of the Crimes Act 1958 as the assumption of any of the owners rights

This reply is aimed purley at Marc FXs post and does not refer to the original thread in anyway , i will keep my opinion about that to myself .

So just out of curiosity say somone puts somthing , a secondhand stove for example on my door step on my property and i take it to the scrap dealer and get $10.00 for it, then somone turns up and says hey that was mine, legaly do i
A. owe them the $10.00
B. owe them a stove
C. give them an account for disposing of their rubbish
D.???
« Last Edit: June 20, 2011, 04:22:20 pm by TM BILL »

Offline KTMaico

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Re: Dave's Wake Up Call
« Reply #31 on: June 20, 2011, 04:23:59 pm »
Dave didn't know the real owner at the time. It was addressed to him.

This is similar to having the bank accidently transfer money into your account, just because it is addressed to you doesn't mean you own it, the test of most sections of the Crimes Act is, 'given the circumstance would any reasonable person assume ownership'. This assumption of ownership would normally be supported by the components of a contract/

Appropriation - defined at s.73(4) of the Crimes Act 1958 as the assumption of any of the owners rights

This reply is aimed purley at Marc FXs post and does not refer to the original thread in anyway , i will keep my opinion about that to myself .

So just out of curiosity say somone puts somthing , a secondhand stove for example on my door step on my property and i take it to the scrap dealer and get $10.00 for it, then somone turns up and says hey that was mine, legaly do i
A. owe them the $10.00
B. owe them a stove
C. give them an account for disposing of their rubbish
D.???

I for one would be asking them the question.

Was the No Fear Mx Pants size 32 in the stove
1981 Maico 490 (Special Build)
1979 Husqvarna CR250
1975 Suzuki RH250
1975 Suzuki RM125 S
1959 Mk1 Jaguar 3.4 4 speed manual with O/Drive

090

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Re: Dave's Wake Up Call
« Reply #32 on: June 20, 2011, 04:37:16 pm »
A good point was just raised. I wonder how it would have ended up if it wasn't Lisa. Just some random guy. Bet he would have said too bad. The frame cost the old boy more than $550 from the U.S. with postage as well.

Offline Marc.com

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Re: Dave's Wake Up Call
« Reply #33 on: June 20, 2011, 05:04:06 pm »
So just out of curiosity say somone puts somthing , a secondhand stove for example on my door step on my property and i take it to the scrap dealer and get $10.00 for it, then somone turns up and says hey that was mine, legaly do i
A. owe them the $10.00
B. owe them a stove
C. give them an account for disposing of their rubbish
D.???
[/quote]

Hey Bill, I guess in Taupo, depends of whether the stove is still burning when they put it against your door.

But actually you have no right to sell it even though it is on your property. You have the right to inform the Police or the Council of illegal dumping on your property, the Council and Police then have to find the guilty party and retrieve the property. OR you can dump it back on your verge thereby it becomes the Council's property. People have actually been done for stealing from the Council scavenging off front verges during clean ups.  OF course you are totally at liberty to accumulate storage charges against the dumper which may be an easier way of getting your $10.
formerly Marc.com

Offline KTMaico

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Re: Dave's Wake Up Call
« Reply #34 on: June 20, 2011, 05:16:39 pm »
So just out of curiosity say somone puts somthing , a secondhand stove for example on my door step on my property and i take it to the scrap dealer and get $10.00 for it, then somone turns up and says hey that was mine, legaly do i
A. owe them the $10.00
B. owe them a stove
C. give them an account for disposing of their rubbish
D.???

Hey Bill, I guess in Taupo, depends of whether the stove is still burning when they put it against your door.

But actually you have no right to sell it even though it is on your property. You have the right to inform the Police or the Council of illegal dumping on your property, the Council and Police then have to find the guilty party and retrieve the property. OR you can dump it back on your verge thereby it becomes the Council's property. People have actually been done for stealing from the Council scavenging off front verges during clean ups.  OF course you are totally at liberty to accumulate storage charges against the dumper which may be an easier way of getting your $10.
[/quote]

Mark you make a good legal standpoint and action recourse, but my friend you fail to address the No Fear Size 32 MX Pants issue in this response
1981 Maico 490 (Special Build)
1979 Husqvarna CR250
1975 Suzuki RH250
1975 Suzuki RM125 S
1959 Mk1 Jaguar 3.4 4 speed manual with O/Drive

Offline Slakewell

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Re: Dave's Wake Up Call
« Reply #35 on: June 20, 2011, 05:20:25 pm »
Dave doesn't see that he done anything wrong, Dave never thinks he's done anything wrong and that is the way he will stay till death try to educated him is a waste of time. 
Highly entertaining for us thou , keep up the good work.
Current bikes. KTM MC 250 77 Husky CR 360 77, Husky 82 420 Auto Bitsa XR 200 project. Dont need a pickle just need to ride my motorcickle

090

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Re: Dave's Wake Up Call
« Reply #36 on: June 20, 2011, 05:26:57 pm »
I think I will lock this now unless Dave has some revelation that hasn't been aired. I hope Dave takes this as it was intended. A wake up call. An intervention if you will. Sooo many people talk about a bad deal with you Dave, as far back as 1990. Unfortunately I truly don't think you think you have done anything wrong. PM me if you want to add to this thread and I will unlock it.
Ha, you took the words straight out of my mouth Slakewell.

090

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Re: Dave's Wake Up Call
« Reply #37 on: June 20, 2011, 05:50:18 pm »
Freakshows post
Quote
you bastard you locked it befor ei could post...

KTM, those god forsaken pirtate pants size 32 and a 1/2  where in the stove and thats why it was burning............

 
There's only one Cyber bully..... and he is a shocker

090

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Re: Dave's Wake Up Call
« Reply #38 on: June 21, 2011, 07:49:31 am »
Thought I'd put this in here with all the other negative stuff.
Well it seems at the end of the day this is a bit too much for some to swallow which has spawn the thread 'remember how this used to be'. Seems that I have over stepped an invisible boundary where you can talk about someone behind their back all day long but don't dare put it on the net. Seems I don't suit this type of media 'cause if you are a crook, you are a crook, in my eyes. I do consider myself a positive person and pretty well straight up, you know what you are getting.
I must ask rhetorically, how would you feel if a friend bought a bike and was on the wrong end of a deal when you knew the seller was renown for doing dodgy deals? I for one would feel frustrated that if I had of known of the pending deal, I would have said to them to stay well clear of that particular person. That was the purpose of this thread.
I had more ramblings but I had an intervention of my own and it was suggested I shut up. Fair call.
I will watch from the side lines for a while so I can't reply to topics as I can't seem to do it otherwise. It will give me more time to get both feet out I 'spose.
« Last Edit: June 21, 2011, 07:51:42 am by 090 »