Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows: RELEVANT FACTS • Plaintiffs are Mr and Mrs Luxford (the vendors). • First defendant is Mrs Sidhu (the purchaser). • Second defendant is PA & NA Johnson Pty Ltd. • Third defendant is Johnson Prestige Realty Pty Ltd. • Fourth defendant is David Michael Johnson. • Cross defendants are Peter Michael McBride and Anna Maria Bernadette Marano. • Contracts were exchanged on 2 May 2005 for the purchase of property for $2,130,000 between the plaintiffs and the first defendant. • Contract of sale to be completed by 25 July 2005, not completed. • Notice to complete served on 27 July 2005 requiring …show more content…
• The respondent is the commissioner of state revenue. • TEC and AGL are partners carrying on a business under the name Southern Cross Energy. • A sale agreement known as “AWMC Power Assets Sale Agreement” allowed WMC to sell or licence its power generation, transmission and distribution assets to TEC and AGL. • The sale agreement allowed for sale of assets but not fixtures. • The sale agreement required WMC to grant licences to the purchasers which would allow them to use the power generation assets that were fixtures. • Commissioner of State Revenue assessed the sale agreement to stamp duty of approximately 9 million on the basis that the majority of chattels sold were fixtures and fixtures are part of the land under the general law. • Duty was payable on the value of both the land and chattels.[1] • The Court of Appeal of the Supreme Court of Western Australia determined that the stamp duty payable should be increased to $11 million. • Decision appealed to the High Court of Australia. ISSUES • Whether the term fixture was defined in the sale agreement as items “affixed to land”. • Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition. • Whether the licence agreements constituted a transfer of an interest in land. • Whether most of WMC’s power generation assets were on
Subject to all restrictions, reservations and exceptions as set forth in deeds forming the chain of title.
The agreement did not include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures, storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June 14, 1946, and discovered that certain articles which had been on the premises at the
2. Due to the circumstances of the contract (that it be for sale of land) specific performance will be awarded.
With due consideration of the facts present we can identify that the key legal issue is accession. This gives us the notion that one [thing] which is united with another [thing] becomes an integral part component of that other [thing]. It presupposes that one object can be regarded as the main object . Under the roman derived maxim ‘Accessorium principali sequitur’ . The allocation of ownership of the sandstone structure, (herein referred to as folly) can be established in cases
She felt content with an employment agreement that mirrored the property rules of the Netherlands. Henry paid an annual fee each March in silver to the Frankfort Land Company. He maintained the right to cultivate the land and enjoy its profits, but the payments to the central authority never ended. The right to rent the land pass's to Henry's heirs. 1
certain amount of land. This land was then valued at a price and depending on that price the
Upon researching the legal requirements and current status of Mr. William Massey’s lease agreement with YourTeamNameHere!.com, Inc. (YTNH) when Mr. Kelly Bennett acted on behalf of YTNH, as an authorized agent, in the acquisition of the property located at 1831 Storybook Road, Charlotte, North Carolina. The assessment of the contract’s validity will be completed through the following enumerated points: (1) whether the lease is required to be in writing, (2) what must the lease contain to be valid, and (3) whether the parties existing writings satisfy the legal requirements of North Carolina.
By an agreement in writing, prepared without professional assistance, and headed “Agreement between C. and the O. Company”, C. granted to the company, in consideration of the sum of £5, the sole right for a specified period to quarry and remove stone from land owned by him and the company agreed to pay royalties at rates specified in the agreement. The agreement also contained provision for its extension and an authority by C. to the company to pay all moneys connected with the agreement to his wife and himself as joint tenants. The agreement was signed by C., by a person on behalf of the company and by the wife.
* premises licence: to use a premises for licensable activities, subject to conditions on the licence
Both parties are clearly identified although this contract also does not use the full legal name of the association. The scope of work is detailed in this contract in the service description and the notes. Compensation of $9630 clearly stated and the manner in which it must be paid is included. The time period of when the work will be completed is detailed in section IV and the schedule of services attachment. In Schedule A number 3 clearly details the terms of the limited warranty provided. There is no mention of insurance, although it is very likely this company is insured the association should require them to provide a current certificate of insurance. The contract does have a provision which allows Vinoy Place to terminate the contract with a 30 day notice prior to the annual renewal date of March 23rd. Additionally, in Schedule A 10 describes that AESC can terminate the contract if they determine it is not feasible for them to continue to provide service. Schedule A 15 describes the remedies for breach of contract in detail. This contract overall contains many more specifics and is a better contract when compared to the generator/pump contracts. It is worth mentioning that some of the terms describe how AESC will not be liable and will be held harmless if certain events occur and the contract is heavily weighted in their
On April 11, 2014, Defendant CLEAR RECON CORPORATION (“CLEAR RECON”) was substituted as Trustee under the Deed of Trust on April 11, 2014. A Notice of Sale was recorded on April 16, 2015. The trustee sale was set for May 14, 2015, and subsequently postponed to July 9, 2015. The Notice of Sale recorded April 16, 2015, was the last in a series of seven separate notices.
The question before the court was the stage of the purchase where the offer was accepted. The court also inquired into whether a
The procurement process for the purchase complied with the OSC’s Procurement and Contract Management Policy, MBS Procurement Directive, and AIT. A formal, open MERX-based Request for Proposal process was undertaken by the CSA with CSB Administration and the GCO. The proposals were evaluated by the CSA ITSO and select CSA staff for the services, pricing by an Admin, and the legal terms by the GCO and legal staff across the CSA.
Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.
Land law holds a reputation for problematic and complex criticism, being built upon two separate, mutually exclusive, systems: the registered and unregistered land systems. The consistent application of law in this area depends upon adherence to legal principle, derived from a clear understanding of the law. First, this essay will consider a brief history of registration and the enforcement rules applying to registered and unregistered titles, looking at their distinct characteristics. Following this, their usage and application will be analysed, in order to place them into the wider context. Consideration of any differences present will enable us to see if rules regarding registered system of conveyancing are vastly superior, if at all.