Walsh v KC & WL Brain Pty Ltd [2023] NSWDC 38

District Court New South Wales

Medium Neutral Citation: Walsh v KC & WL Brain Pty Ltd [2023] NSWDC 38 Hearing dates: 28 February 2022, 2-4, 7-9 March 2022, 11 May 2022, 15-18 August 2022. Date of orders: 3 March 2023 Decision date: 03 March 2023 Jurisdiction: Civil Before: Neilson DCJ Decision: I find that the Defendant is entitled to the proceeds of the Dalree rice crop harvested in April 2017. I shall hear Counsel as to appropriate orders concerning the disposition of these proceedings. Catchwords: CONTRACT – REAL PROPERTY LAW – FIXTURES – FRUCTUS NATURALES – FRUCTUS INDUSTRIALES – Rice crop planted by farmer before exchange of contracts for sale of farm – Whether oral contract concerning rice crop – At time of exchange of contracts and completion of sale of farm rice crop growing on the farmland – Rice crop not excluded from fixtures incorporated in sale – Documents provides to purchaser to enable him to take the proceeds of the rice crop - Purchaser entitled to rice crop – Whether system for sale of seed between farmer and SunRice severed rice crop from the land. Legislation Cited: Conveyancing Act 1919 (NSW) Personal Properties Security Act 2009 (Cth) Cases Cited: Pasley v The Commissioner of Inland Revenue [1958] NZLR 332 Sapfor Ltd v Commissioner of Stamps (SA) (1997) 97 ATC 4535; (1997) 36 ATR 272; BC9702829 Saunders (Inspector of Taxes) v Pilcher [1949] 2 All ER 1097 (CA) Texts Cited: Shorter Oxford Dictionary, 5th edit. Vol. 2 Category: Principal judgment Parties: Plaintiff – Alan David Walsh Defendant – KC & WL Brain Pty Ltd Representation: Counsel: Plaintiff – Mr Gunning, M. Defendant – Mr O'Connor, J. Solicitors: Plaintiff – Rural Law Defendant – Walsh & Blair Solicitors File Number(s): 2020/00107856 Publication restriction: Nil.