A valid inter vivos gift of chattels requires both donative intention and delivery; exhibition catalogues attributing ownership are not equivalent to a register of title and do not establish gifts without evidence of the donor's participation in and approval of the attribution. In common establishments, the strict delivery requirement from Re Cole is maintained: mere shared custody or access does not suffice, and an unambiguous act of delivery is required. The more liberal approach of Santow J in Horsley v Phillips, treating prior custody as sufficient, was not followed for common establishments. Unauthorised appropriation by a purported donee cannot constitute valid delivery.
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