Issue was it intended that the chattels remain there

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Unformatted text preview: ook a telephone switchboard, a large film projector (which was bolted to the floor) and a number of chairs. ISSUE: Was it intended that the chattels remain there permanently? DECISION: The judgment of Jordon CJ in the NSW Court of Appeal gives a good insight into the court’s approach: The question whether a chattel has become a fixture depends upon whether it has been fixed to land, and if so for what purpose. If a chattel is actually fixed to land to any extent, by any means other than its own weight, then prima facie it is a fixture and the burden of proof is upon anyone who asserts that it is not … The test of whether a chattel which has been to some extent fixed to land is a fixture is whether it had been fixed with the intention that it shall remain in position permanently or for an indefinite or substantial period … or whether it has been fixed with the intent that it shall remain in position only for some temporary purpose… In the former case, it is a fixture, whether it has been fixed for the better enjoyment of the land or building, or fixed merely to steady the thing itself, for the better use or enjoyment of the thing fixed … If it is proved to have been fixed merely for a temporary purpose it is not a fixture … The intention of the person fixing it must be gathered from the purpose for which and the time during which use in the fixed position is contemplated … If a thing has been securely fixed, and in particular if it has been so fixed that it c...
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