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DCPLH v Golden Arrow International Pty Ltd (in liquidation)

You shouldn't cross the line.

(Work in progress, more details to follow on this page).

Here, DCPLH is the assignee of a debt where, it seems, another creditor was paid a preference payment or the payment and the security it received may be voidable.  This matter may come before the NSW Supreme Court in the coming months.

 

We can be called anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA

(Work in progress, more details to follow on this page).

  • Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA – this matter involved an alleged tax debt of sum $800,000+, a creditors statutory demand and Federal Court proceedings to set aside the demand.
  • We were ultimately successful in defeating the ATO based upon deficiencies in the method of service of the creditor’s statutory demand.
  • Such deficiencies are discussed generally in our blog – What to do when served?

 

Call anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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Fixtures

It might seem like a question with an obvious answer, but what is a fixture? What is a fitting?  And, what is equipment?

We are presently working on a project where our client is claiming title to commercial equipment.  The equipment was placed in a function space which features elsewhere in our blogs – current projects & past projects.  The land has recently been sold by the mortgagee in possession.

In the last couple of days these questions have arisen:

  • what is a fixture?
  • who can have title to it?
  • can a person abandone title to goods? and,
  • what is required to secure title to the fixture/s?

In this instance the equipment is commercial kitchen equipment.

Background

The purchaser from the mortgagee seems to be suggesting in correspondence that portable equipment is nevertheless a fixture.

The implied threat is to abandone the purchase from the mortgagee unless the secured lender, who owns the equipment, waives their title?

The answer to these questions is this. 

 

Analysis

Typically a fixture is a chattel which is annexed to land in such a way that it becomes ‘part of’ the land and ceases to be the personal property of the person who attached it.

Have a think about your workspace.  What are some chattels and what are fixtures and what might be fittings.

Take the kitchen sink for instance.  It’s probably quite impractical to remove that.  It would perhaps rip off the tiles in the process.  But what about for instance shelving.  Sure the shelves are screwed into the wall, and so it might be argued that they become part of the land.  But do they cease to be personal property?  And why were the shelves put there in the first instance?

These are all relevant questions in considering what are fixtures and what aren’t.  

We may discuss fixtures in further detail as this dispute is worked through.  

If you have any thoughts or comments or questions, please feel free to direct message me at:  mark@dcpartners.solutions – thank you.

14 August 2018