LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Stolen Boat on Gumtree - Entitled to Have it Returned?

Discussion in 'Criminal Law Forum' started by john coles, 22 June 2016.

Tags:
  1. john coles

    john coles Active Member

    Joined:
    24 November 2015
    Messages:
    9
    Likes Received:
    0
    My boat was stolen from out front of my property about 6 months ago. It was reported stolen to the Police. About a month ago, I spotted my boat for sale on Gumtree. I notified the Police who impounded the boat. The boat has been Re-registered under a different class to its true classification.

    I have been to court twice to have the boat returned to me in which the Judge has yet to do so, wanting myself and the buyer of the boat( after being re-registered Illegally) to settle on it, ie. both get cash settlement of what the boat is valued at. I.e. the boat is worth $10,000, Judge wants me to give him $5000 and I will get my boat back

    Shouldn't I be entitled to my boat back? I am the rightful owner.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    Yes, you should be entitled to the boat back. The buyer should be seeking compensation from the person who sold the boat to him. You may need a lawyer to help you.

    I assume the police still have the boat impounded. What did they say about returning the boat to you?
     
  3. john coles

    john coles Active Member

    Joined:
    24 November 2015
    Messages:
    9
    Likes Received:
    0
    G'day mate,

    Yeah, police still have it impounded. The police are leaving it up to the judge to decide where the judge is wanting myself and the new owner of the boat to settle it between us. The judge will call it. What's the best angle do you reckon I can use to get my boat back?

    Cheers
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    The legal principle is that a person cannot sell a better title than he has himself. So a thief selling a stolen boat doesn't have a title to it, and cannot 'create one' to on-sell to someone else. There are some exceptions to this rule though that could make this a tricky situation. Much depends on the circumstances of how the person found with the boat, obtained the boat. He needs to prove a few things before he may have any sort of claim to ownership.

    Do you know the identity of the thief? The thief can be sued by you if the case goes against you.

    Might be worthwhile spending a little bit on legal help on this one to overcome any possible claims/statements the possession holder makes.
     
  5. john coles

    john coles Active Member

    Joined:
    24 November 2015
    Messages:
    9
    Likes Received:
    0
    Cheers Rod for your time bud.

    Yeah, the thief sold it to Person X, driving the boat there and sold in cash. It was then Person X spent money on the boat and got re-registered through VicRoads under his name, although under a different class boat, with all HIN and Vin numbers removed, filed away.

    It was then Person X who advertised to sell it on Gumtree and my mechanic, who works on the boat, noticed it, then we called the Police.

    The Judge wants myself and Person X to come to some sort of settlement between us, like sell boat and half each or Judge will decide where I was warned it might not be a favourable decision for me.
     
  6. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    Has person X co-operated with police? Have the police got the thief's name and address?

    How did person X find the boat? Has person X got a receipt for the boat? Did he pay market price for the boat? Did person X know HIN and Vin numbers were removed?

    The answers to these questions will help sway the judge one way or the other.
     

Share This Page

Loading...