The Court, Mayo J, applied the four elements of gifting (from Handshin v Hackett,[2] where no co-ownership is envisaged.

Intention by the donor to give an absolute right to exclusive enjoyment.

The donee acquires the gift in a timeframe that meets the donor's intentions.

To be a gift there will be an absence of valuable consideration, which distinguishes it from sale or barter.

Pearson, Gail., Commercial Law: Commentary and Materials, 2nd Ed, Thompson Legal, 2004