NSW Contract ownership

[Timo2323]

I have a contract between two parties neither of which are me, that i have salvaged as part of salvage rights on a demolition job.

The contract is between a famous footballer and a team. I am wondering if i legally own this due to the salvage rights or does the contract remain the property of the parties issuing and agreeing to it?

Its a fantastic piece of memorabillia and if it is legal for me to own it is probably worth a small sum of money. I am in an industry where the money we make on salvage is the difference between profit and break even.

Any insight would be appreciated, please ask if you need more clarification.

 

[Rob Legat - SBPL]

I’m not familiar with the laws around demolition rights, so I’m happy to stand corrected on any point. A quick look around the net appears to indicate that salvage rights on building demolition (as opposed to marine, for example) is contract based rather than legislated. So, you’d need to check whether the agreement for demolition gives rights to a specific set of salvage (e.g. building materials only), an excluded set of items (e.g everything except copper wiring), or just ‘anything you find’. Also be careful if there is a disclosure requirement.

Then, assuming it’s not excluded somehow, you’d be salvaging the document itself - not the contents. The concept of privity of contract means that you can’t enforce the terms nor can the terms be enforced against you - such as confidentiality of terms.

As a further concept, if the Privacy Act applies to your business (such as annual turnover of $3 million or more, or opted in to coverage) then the aspect of allowable use must be considered. That’s rather in depth, however.

 

[Tim W]

I would say to you that it's probably not within the scope of salvage rights.

This is because it is not a product of the demolition process.
Not like, say, cedar floorboards are, or cast iron baths, or resaleable art deco bathroom sinks.

Rather, the onus would be on you to show that had been abandoned to demolition,
as distinct from being inadvertently left behind.

If you tried selling it, and I was this person's lawyer (or their agent, or the lawyer for their club)
then I'd be after you for Unjust Enrichment.

 

[Timo2323]

Thankyou for the replies. We would class the paper as rubbish which is something we have to remove during the demolition process, but I do understand what you are saying. It is a shame. I think the best option is to shred it, or let the parties know that their document destruction process ended up with this as an outcome.

 

[Tim W]

You don't get to "class" it as anything.
Salvage is about objects that have a market value post-demolition.
You clearly believe that this may have/ has some sort of commercial value.
Inherently, therefore, it isn't "rubbish".

In any event - As a matter of law, property always belongs to (lawyers say "vests in") somebody.
There is no concept of an object that "nobody owns".

Your best option is probably to bring it to the attention of your client.
Let them make decisions about what to do with it.
Trick is, don't be deceptive about it.