Fixtures and Fittings
The test for whether an object has become affixed to land: PriceWaterhouseCoopers Legal v Perpetual Trustees Victoria Limited & Ors [2007] NSWCA 271 at [57]ff
A prefabricated office building, capable of removal albeit after some dismantling of the structure was built by a licensee under a licence agreement terminable on one week’s notice, was held not to be a fixture: Ball-Guymer v Livantes (1990) 102 FLR 326. Also on this issue see Commissioner of State Revenue v Uniqema Pty Ltd (2004) 9 VR 523 [2004] VSCA 82 and Darmanin v Cowan [2010] NSWSC 1118 at [210] ff
Whether house resting on concrete foundation blocks a fixture: Elitestone Ltd v Morris [1997] 2 AER 513
Whether shed bolted to concrete pylons a fixture: Hawkins v Farley (1997) 2 Qd R 361
Degree of annexation required – whether heavy mining plant and equipment partly affixed to concrete foundations fixture: Svedala Australia Ltd v Pegasus Gold Australia Ltd [2002] 165 FLR 59
Tenants fixtures – principles applicable for identifying fixtures and tenants fixtures: Lees & Leech Pty Ltd v Comm of Taxation (1997) 73 FCR 136