Number 1 Xavier Street
The issue of the vendors took the seating and hair dryers that had all been securely bolted to the floor and removed the potted palm tress and antique wooden bench would be considered to be the issue about property. There are two kinds of properties, real property and personal property. Fixtures are objects such buildings, garden shed and fences. The legal test for ascertaining whether an object is a fixture was stated in Australian Provincial Assurance Co Ltd v Coroneo (1983) SR (NSW) and involves a legal presumption, depending on whether the object is affixed to the land, which may be rebutted by evidence of the intention of the person affixing the object (Gibson, Rigby & Tamsitt 2003, p338). It is important to determine if an item is a fixture (and therefore part of land) or personal property, since fixtures will pass to a purchaser under a contract for a sale of land but personal property will not.
The standard tests for determining whether an object is a fixture or a fitting are: the degree of annexation text and the purpose of annexation test (Gibson, Rigby & Tamsitt 2003, p339). In this case, the seating and hair dryers are securely bolted to the floor; they are part of the land. Which would be considered as the fixtures, which should pass to a purchaser under the contract. Meanwhile, the potted palm tress and antique wooden bench would consider to be personal property, which can be took away buy ex-owner. In conclusion, Dotty can ask seller to replace these fixtures.
The purchase of chairs in the auction would be considered to be a contract for the sale of goods. This brings the transaction under the sale of goods act. Consider whether there are any...