Agripower Barraba Pty Ltd v Blomfield [2015] NSWCA 30

Agripower Barraba Pty Ltd v Blomfield [2015] NSWCA 30

The eight disputed items outside the shed were fixtures because they had a relatively high degree of annexation, were bolted and welded into substantial structures, were integrated components of the diatomite processing and bagging facility, and their removal would be difficult, costly and damaging to the land. The seven disputed items inside the shed were not fixtures because, considered on their own, they would not be fixtures, several rested on their own weight, they could be removed relatively easily with little damage, the relative removal cost was lower, and the air compressor had been installed by ADEE under a shorter lease. ADEE owned or at least had possessory title to the seven...

Jurisdiction
Australia
Judgment Date
27 February 2015
Procedural Posture
Appeal in Property Dispute Concerning Whether Mineral Processing Plant and Equipment Were Chattels or Fixtures / Appeal From Orders of Black J in the Supreme Court of New South Wales Dismissing Agripower's Proceedings; Motion to Adduce Further Evidence Dismissed
Outcome
Appeal allowed in part; Agripower declared owner of the seven scheduled items located in the shed; proceedings remitted for outstanding issues.
Legal Topics
['fixtures to Land' "tenant's Fixtures" 'chattels' 'degree and Object of Annexation' 'fresh Evidence on Appeal' 'assignment of Secured Assets' 'access to Land for Removal of Chattels']
['property Law' 'civil Procedure' 'secured Transactions'] ['fixtures to Land' "tenant's Fixtures" 'chattels' 'degree and Object of Annexation' 'fresh Evidence on Appeal' 'assignment of Secured Assets' 'access to Land for Removal of Chattels']

Case Brief

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Procedural Posture

Appeal in Property Dispute Concerning Whether Mineral Processing Plant and Equipment Were Chattels or Fixtures / Appeal From Orders of Black J in the Supreme Court of New South Wales Dismissing Agripower's Proceedings; Motion to Adduce Further Evidence Dismissed

Legal Issues

  1. 1 ["Whether fifteen items of mineral processing plant and equipment on the respondents' property were fixtures or chattels." 'Whether Agripower acquired title to the disputed items under the St George Assignment Deed.' 'Whether ADEE owned the disputed items, assuming they were chattels, before any transfer to Agripower.' 'Whether further evidence should be received under s 75A(7) of the Supreme Court Act 1970 (NSW).' 'Whether the proceedings should be remitted for access, damages and trial costs issues.']

Ratio Decidendi

The eight disputed items outside the shed were fixtures because they had a relatively high degree of annexation, were bolted and welded into substantial structures, were integrated components of the diatomite processing and bagging facility, and their removal would be difficult, costly and damaging to the land. The seven disputed items inside the shed were not fixtures because, considered on their own, they would not be fixtures, several rested on their own weight, they could be removed relatively easily with little damage, the relative removal cost was lower, and the air compressor had been installed by ADEE under a shorter lease. ADEE owned or at least had possessory title to the seven...

Court Disposition

Appeal allowed in part; Agripower declared owner of the seven scheduled items located in the shed; proceedings remitted for outstanding issues.

Orders

  • ['Appeal allowed in part.' 'Set aside the orders made by Black J on 13 November 2013.' 'Declare that the appellant is the owner of the Items in the schedule to these orders.' "Remit the proceedings to the primary Judge to determine outstanding issues, including the appropriate order for access to the respondents'...