Land Law XV – Fixtures and Chattels

In N H Dunn Pty Ltd v L M Ericsson Pty Ltd (1980) a PABX system rented by a tenant via a third party (a telephony service provider) was held not to be a fixture despite the fact that the PABX system was affixed to the premises/land and cabled through several rooms. The tenant had a ten-year lease on the premises/land with an option for renewal.

The degree of annexation was small i.e. the extent the system and its components were attached to the premises/land was minor and therefore they could not be regarded as fixtures.

Copyright © 2019 by Dyarne Jessica Ward

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