You are on page 1of 2

(compiled by Sharifah Zubaidah Syed Abdul Kader)

CASES ON DEFINITION OF LAND AND ITEMS IN DISPUTE


ITEM 1. Looms attached by bolts and nuts Machinery in a factory in a rubber estate attached by bolts and nuts Underground petrol tanks buried 2 feet below ground level turfed over with concrete Bulk palm-oil storage tanks , vertical cylinders resting on pre-cast concrete pillars Offset printing machines affixed by bolts to the floor Overhead cranes attached to steel runways on floor of a warehouse Air-conditioning unit custom made for a shopping complex but subject to a hire purchase agreement with Romalpa clause HELD: Fixture CASE: Holland v Hodgson (1872)

2.

Fixture

Goh Chong Hin v Consolidated Malay Rubber Estates Sdn Bhd. (1924-1925)

3.

Fixture

Shell Co. of the Federation of Malaya v Commissioner of the Federal Capital of KL [1964]

4.

Fixture

Socfin Co. Ltd. V Chairman, Klang Town Council [1964]

5.

Fixture

Wiggins Teape (M) Sdn. Bhd. v Bahagia Trading Sdn. Bhd. & Ors. [1980]

6.

Fixtures

Material TradingPte Ltd (In Liquidation) v. DBS Finance Ltd [1988]

7.

Chattel

Sungei Way Leasing Sdn Bhd. v Lian Seng Properties Sdn. Bhd. & Ors [1989]

8.

Dyeing machines

Chattel

MBf Finance Bhd v Global Pacific Textile 1

(compiled by Sharifah Zubaidah Syed Abdul Kader)

with legs cemented on a raised cement platform, removal of which would not cause material damage. Subject to Romalpa clause in equipment lease agreement 9. Printing machines standing on their own weight Chattel

Industries Sdn. Bhd.[1993]

Hulme v Brigham & Anor. [1943]

10. Tapestry

Chattel

Leigh v Taylor (1901) 1 Ch 523 D Eyncourt v Gregory (1866) LR 3 Eq 382

11. Marble statues of lions in an English garden standing on their own weight 12. Plush tip-up seats in blocks of 4 and 8 attached to the floor of a cinema by iron standards with iron feet 13. Pictures in frames attached into recesses in the wall 14. Escalators in a shopping complex hoisted into place by their own weight

Fixtures

Fixtures

Vaudeville Electric Cinema v. Muriset [1923] 2 Ch. 74

Chattels

Berkley v Poulett [1977] EGD 754

Fixtures

Peoples Park Chinatown Devp. Pte Ltd. (In Liquidation) v Schindlers Lifts (S) Pte Ltd. [1993] 1 SLR 591