Possession Taken by Theft and the Original Acquisition of Personal Property Rights

This paper queries the soundness of the view that wrongful possession (eg a thief’s possession of goods he has stolen) should be protected by the standard actions for interference with goods. It uses close historical analysis of the development of the relevant concepts through the cases to argue that this is not a proposition that is compelled on the authorities, nor one demanded as a matter of principle. It then abstracts to consider the implications of this argument at a theoretical level, exposing great need for development in the common law’s basic principles of possessory protection. It argues innovatively that the objects of the law might be better served by the creation of a more limited form of possessory protection, achieved through the possessor’s acquisition of a personal right, and correlatively that the values that underpin and justify our basic rules of possessory protection entail a more nuanced response to matters of property acquisition.

Transfer of Title by a Non-Owner : Personal Property Securities Act 2009 (Cth) exceptions to the nemo dat quod non habet rule

The fundamental personal property rule – no one can transfer a better title to property than they had – is subject to exceptions in the Sale of Goods legislation, which aim to protect innocent buyers who are deceived by a seller’s apparent physical possession of property. These exceptions cover a limited range of transactions and are restrictive in their operation. Australia now has national legislation - the Personal Property Securities Act 2009 (Cth) - which will apply to many transactions outside the scope of the Sale of Goods Act and which includes rules for sales by non-owners which will provide exceptions to the nemo dat quod non habet rule for many common commercial transactions. This article explores the effect of the Personal Property Securities Act 2009 (Cth) on the Sale of Goods exceptions, explains that the new provisions are so wide that there is little continuing relevance for the Sale of Goods Act exceptions, and indicates where they may still apply.

The Bruton tenancy: a matter of relativity

Argues that the controversial "Bruton tenancies" created by the House of Lords decision in Bruton v London & Quadrant Housing Trust should be seen as a form of proprietary tenancy. Discusses the view that those without an estate in land are prevented by the nemo dat principle from granting a lease, the scope for tenancies derived from equitable interests, and the challenges to Bruton tenancies posed by the Court of Appeal ruling in Milmo v Carreras. Explains how Bruton tenancies create a circumscribed proprietary interest in land, best understood through the concept of relativity of title.

White possession : the legacy of Cook's choice

Book Synopsis: From Terra Nullius to Land of Opportunities and Last Frontier, the European dream has constructed and deconstructed Australia to feed its imagination of new societies. At the same time Australia has over the last two centuries forged and re-invented its own liaisons with Europe arguably to carve out its identity. From the arts to social sciences, to society itself, a complex dynamic has grown between the two continents in ways that invite study and discussion. A transnational research group has begun its collective investigation project of which this first volume is the outcome. The book is a substantial multidisciplinary collection of current research and offers critical perspectives on culture, literature and history around themes at the heart of the Imagined Australia project. The essays instigate reflection, discovery and discussion of how reciprocal imagining between Australia and Europe has articulated itself and ways and dimensions in which a relationship between communities, imagined and not, has unfolded.

Equitable mortgage by deposit of a Certificate of Title

In Theodore v Mistford Pty Ltd [2005] HCA 45, the High Court considered certain principles governing the creation of an equitable mortgage by the deposit of a title deed as first developed by the English courts of equity with respect to old system conveyancing. The decision will be of interest to Queensland practitioners as it concerned the application of these equitable principles to Torrens land regulated by the provisions of the Land Title Act 1994 (Qld) and, in particular, the operation of s 75 of the Land Title Act 1994 (Qld) which provides: (i) An equitable mortgage of a lot may be created by leaving a certificate of title with the mortgagee (ii) Subsection (1) does not affect the ways in which an equitable mortgage may be created.

Unlocking risk allocation and equitable conversion : reform of the passing of risk in the sale of land

The principles relating to the passing of risk under a contract for the sale of real property would seem to have been long settled. The rule under the general law is that the risk of loss of the subject matter under a contract for the sale of real property passes to the buyer upon the creation of a valid and binding contract. This article considers the origin of that rule, how it developed with the growth of equity, and advances the view that it is anomalous in a modern context of property dealings. In doing so, the article adverts to the variety of statutory mechanisms used to subvert the rule, few of which are of practical value. It concludes that the rule is outmoded in many respects and suggests a number of reforms which might be implemented nationally to bring consistency and simplicity to the issue of damage or destruction of improvements which are the subject of a land contract.

ZnO nanocones with high-index {101̅1} facets for enhanced energy conversion efficiency of dye-sensitized solar cells

ZnO is a promising photoanode material for dye-sensitized solar cells (DSCs) due to its high bulk electron mobility and because different geometrical structures can easily be tailored. Although various strategies have been taken to improve ZnO-based DSC efficiencies, their performances are still far lower than TiO2 counterparts, mainly because low conductivity Zn2+–dye complexes form on the ZnO surfaces. Here, cone-shaped ZnO nanocrystals with exposed reactive O-terminated {101̅1} facets were synthesized and applied in DSC devices. The devices were compared with DSCs made from more commonly used rod-shaped ZnO nanocrystals where {101̅0} facets are predominantly exposed. When cone-shaped ZnO nanocrystals were used, DSCs sensitized with C218, N719, and D205 dyes universally displayed better power conversion efficiency, with the highest photoconversion efficiency of 4.36% observed with the C218 dye. First-principles calculations indicated that the enhanced DSCs performance with ZnO nanocone photoanodes could be attributed to the strength of binding between the dye molecules and reactive O-terminated {101̅1} ZnO facets and that more effective use of dye molecules occurred due to a significantly less dye aggregation on these ZnO surfaces compared to other ZnO facets.

Conversion certificate of Jacob Bar Abraham Abinu, copy made January 3, 1820

Digital image

Frequency up-conversion properties of Er3(+)-doped TeO2-ZnO-PbCl2 oxyhalide tellurite glasses

This paper reports on the successful preparation and a detailed study on the up-conversion properties of Er3+ -doped TeO2-ZnO-PbCl2 oxylialide tellurite glasses. Three intense emissions centered at around 527, 549 and 666 nm have been clearly observed under 977 nm excitation and the involved mechanisms have been explained. The green emissions centered at 527 and 549 nin are due to the H-2(11/2 ->) I-4(15/2) and S-4(3/2) -> I-4(15/2) transitions, and the red up-conversion emission centered at 666 nm is associated with the F-4(9/2) -> I-4(15/2) transitions of Er3+ ions, respectively. The quadratic dependence of fluorescence on excitation laser power confirm that two-photons contribute to up-conversion of the green-red emissions. (c) 2005 Elsevier B.V. All rights reserved.

Cooperative up-conversion luminescence of ytterbium doped yttrium lanthanum oxide transparent ceramic

The up-conversion luminescence of Yb3+-doped yttriurn lanthanum oxide transparent ceramic was investigated. It was ascribed to cooperative luminescence originated from the coupled states of the Yb3+ ion pairs. The proper doping of La2O3 can remove the cooperative luminescence of Yb3+ ion. But excessive La2O3 (at least 10 at.%) the cooperative up-conversion of Yb3+:Y2O3 is obtained again, and the intensity of up-conversion luminescence strengthens with the increase of La2O3 content. (c) 2007 Elsevier B.V. All rights reserved.

Comparison of growth and conversion efficiency of the freshwater prawn Macrobrachium malcolmsonii (H. Milne Edwards) juveniles fed with formulated and commercial feeds

A nutritional study was carried out to know the feasibility of formulated and commercial feeds on the growth of juveniles of the freshwater prawn Macrobrachium malcolmsonii. Best relative growth rate was observed for feed 1 followed by feeds 2 and 3. Animals fed with feed 1 showed higher production than the other feeds. Higher assimilation efficiency was noticed in the animals provided with feeds 5 and 4. Higher gross and net growth efficiencies were observed in the animals offered feed 1. Among the commercial feeds, feed 3 may considered to be suitable alternative to feed 1.

Modeling study on the flow, heat transfer and energy conversion characteristics of low-power arc-heated hydrogen/nitrogen thrusters

A modeling study is conducted to investigate the effect of hydrogen content in propellants on the plasma flow, heat transfer and energy conversion characteristics of low-power (kW class) arc-heated hydrogen/nitrogen thrusters (arcjets). 1:0 (pure hydrogen), 3:1 (to simulate decomposed ammonia), 2:1 (to simulate decomposed hydrazine) and 0:1 (pure nitrogen) hydrogen/nitrogen mixtures are chosen as the propellants. Both the gas flow region inside the thruster nozzle and the anode-nozzle wall are included in the computational domain in order to better treat the conjugate heat transfer between the gas flow region and the solid wall region. The axial variations of the enthalpy flux, kinetic energy flux, directed kinetic-energy flux, and momentum flux, all normalized to the mass flow rate of the propellant, are used to investigate the energy conversion process inside the thruster nozzle. The modeling results show that the values of the arc voltage, the gas axial-velocity at the thruster exit, and the specific impulse of the arcjet thruster all increase with increasing hydrogen content in the propellant, but the gas temperature at the nitrogen thruster exit is significantly higher than that for other three propellants. The flow, heat transfer, and energy conversion processes taking place in the thruster nozzle have some common features for all the four propellants. The propellant is heated mainly in the near-cathode and constrictor region, accompanied with a rapid increase of the enthalpy flux, and after achieving its maximum value, the enthalpy flux decreases appreciably due to the conversion of gas internal energy into its kinetic energy in the divergent segment of the thruster nozzle. The kinetic energy flux, directed kinetic energy flux and momentum flux also increase at first due to the arc heating and the thermodynamic expansion, assume their maximum inside the nozzle and then decrease gradually as the propellant flows toward the thruster exit. It is found that a large energy loss (31-52%) occurs in the thruster nozzle due to the heat transfer to the nozzle wall and too long nozzle is not necessary. Modeling results for the NASA 1-kW class arcjet thruster with hydrogen or decomposed hydrazine as the propellant are found to compare favorably with available experimental data.