Agripower Barraba Pty Ltd v Blomfield [2015] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Agripower Barraba Pty Ltd v Blomfield [2015] NSWCA 30 Hearing dates: 20 October 2014 Decision date: 27 February 2015 Before: Bathurst CJ at [1]; Beazley P at [2]; Sackville AJA at [3] Decision: 1. Appeal allowed in part.

2. Set aside the orders made by Black J on 13 November 2013.

3. In lieu thereof, make the following order:

Declare that the appellant is the owner of the Items in the schedule to these orders.

4. Remit the proceedings to the primary Judge to determine outstanding issues, including the appropriate order for access to the respondents' property, damages and the costs of the trial.

5. Subject to Order 6, there be no order as to the costs of the appeal.

6. A party wishing to apply for a different order as to the costs of the appeal have liberty to file written submissions within seven days, the opposing party having a further seven days to respond in writing.

7. The parties have liberty to file agreed short minutes of order within fourteen days if they are able to reach agreement on outstanding issues.

Schedule As in the Schedule to this judgment.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROPERTY- fixtures to land- where certain items are part of an integrated processing facility- whether items are chattels or fixtures- intention of parties- whether terms of a lease assists with determining the intention of parties - degree of annexation- dispute as to ownership of chattels- difficulty in removing items- potential damage during removal- the cost of removal Legislation Cited: Mining Act 1973 (NSW) Supreme Court Act 1970 (NSW)