VIC demanded return of a gift

Discussion in 'Property Law Forum' started by Sky Donald, 30 November 2017.

  1. Sky Donald

    Sky Donald Member

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    A friend gave me a game console as a gift and is now threatening me to give it back. I have proof of ownership, but they are between myself and their ex-partner who facilitated the gifting. However, they are saying that they have the original receipt from the time of purchase as the be-all-end-all proof of ownership. Is this console mine, do I have to give it back? Thanks.
     
  2. Tim W

    Tim W Lawyer
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    Why not just give it back and make this all be over?
    And when you say "proof of ownership", what do you mean exactly?
     
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  3. Rod

    Rod Lawyer
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    If the ex-partner or the friend does not have 'good title' to the console (ie it wasn't theirs to give) then they can't give you good title either.

    If it was a clearly a gift where the person giving it had good title then the item is yours. Proving it though is the issue for you. Might not be worth the hassle.

    Must say I'm a bit confused who 'they' are in the 3rd sentence when the preceding sentences mentions two other parties.
     
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  4. Clancy

    Clancy Well-Known Member

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    what exactly is your proof of ownership?

    Do you have something in writing that they gifted the item too you?
     
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