firm NJSF Pty Ltd. The firm acts for
Referencing Styles : Harvard Assignment Brief: You work at the property consulting firm NJSF Pty Ltd. The firm acts for clients on a range of property related matters. Your boss (Hilary) has just completed an interview with a new client: Mr Michael Lee. Hilary has asked you to undertake research and provide a client report. Michael has advised Hilary that: 1. He has purchased a 3 bedroom townhouse in a modern, state of the art townhouse complex. 2. The property has been occupied by the current owner since construction was completed, 14 months ago. 3. He wishes to lease the property immediately after settlement, settlement occurs in 4 weeks time. 4. When he inspected the property prior to bidding at the auction he was impressed by amenities that would attract a quality tenant to the property. 5. The contract of sale is silent as to the ownership of these amenities. He assumed they formed part of the contract of sale. 6. He drove passed the property last week and noticed a technician removing a television antenna from the roof and removalists removing other amenities. 7. He is seeking your advice as to whether the amenities form part of the contract of sale, that is, they are fixtures, or if they may be removed by the current owner, that is, they are chattels. 8. He wishes to retain the following amenities as part of the property: (a) Freestanding indoor spa bath, attached via plumbing tubes through the base of the bath; (b) Curtains and blinds, attached by standard curtain and blind fittings; (c) The television antenna; (d) Solar panels, attached by L-shaped brackets attached to the roof; (e) Air conditioning units; attached to the roof by brackets with 4 screws; (f) Portable outdoor spa bath, attached by a hose attached to an outdoor tap, situated on the outdoor deck and surrounded by plants and furniture consistent with the placement of the spa bath; (g) Clothes line, attached by 2 screws to a side wall of the property; (h) Childrens play equipment, attached by bolts into the earth; (i) Tesla charging unit for an electric car, located in the garage, attached according to the manufacturers installation manual. Michael has provided the installation manual for this device; (j) A large fish tank. The fish tank was custom made by the previous owner to fit into a wall cavity. The tank is 1.5 metres wide, 40cm deep and 60cm high; (k) A safe. The safe was sitting on a shelf in the walk-in-wardrobe. The safe is 35cm wide, 25cm high and 25cm wide. The safe is worth $250. Michaels friend, Donald, has told Michael to commence proceedings in the VCAT to stop the existing owner from removing items from the property. Michael does not know what the VCAT is or how it operates in relation to his concerns about the amenities. Donald has also told Michael that he heard about other cases where there have been disputes over fixtures and chattels. Donald does not know the outcome of those cases but thinks that Michael should get some advice. Michael believes the applicants name in one important case was Palumberi. Michael has instructed the firm to provide a report detailing: 1. Whether each item outlined above is a fixture or chattel, by applying the determination of previous cases considering this distinction. That is, you need to make an argument as to whether the item is a fixture or chattel based on tests applied by the courts; 2. The role of the VCAT, how it operates, how Michael could make an application (that is, the process) to get an order(s) about what he considers legal wrongs, and what the VCATs role is in relation to property matters; and 3. Provide advice in relation to Michaels concerns (as set out above) including; the relevant law and whether he would be successful or not. That is, does Michael have grounds to make an application to the VCAT. Hilary has provided the following guidance to you: 1. Review the case of Palumberi and the cases outlined in your unit textbook to determine how the Courts have dealt with chattels and fixtures. The Palumberi case has been provided to you in full in the associated supplementary materials folder; and 2. Review and identify the relevant Victorian legislation relating to fixtures and chattels and advise Michael of the relevant provision(s). Hints and tips: The Austlii database will assist you in identifying any relevant legislation. Do not simply cut and paste legislative provisions or sections from the case(s). You need to interpret the legal provisions and legal decisions and apply to the set of facts (Michaels concerns) outlined. Determine your own headings. Do not use tables or dot points. Provide a table of contents, introduction, body of report (broken into section with headings), conclusion and recommendations. No executive summary is required.