LLB220 Study Guide - Midterm Guide: Barlin, Indian Oil Corporation, Air Navigation
BOUNDARIES; CHATTELS AND FIXTURES
Boundaries
Owner’s rights extend ‘to such height as is necessary for the ordinary use and enjoyment of the
land and structures upon it’ (Bernstein v Skyviews)
s 72 Civil Liability Act 2002 (NSW)
(1) No action lies in respect of trespass or nuisance by reason only of the flight (or the ordinary
incidents of the flight) of an aircraft over any property at a height above the ground that is
reasonable (having regard to wind, weather and all the circumstances of the case) so long as the
Air Navigation Regulations are complied with.
(2) In this section, "Air Navigation Regulations" means the regulations made under the Air
Navigation Act 1920 of the Commonwealth and includes such of the provisions of those
regulations as are applicable to and in respect of air navigation within New South Wales by
virtue only of the Air Navigation Act 1938.
The crown owns minerals below the land
LJP investments v Howard Chia investments
-Scaffolding
-What an occupier could reasonably do with the land
-LJP Investments v Howard Chia Investments (1989) – what are the factors relevant to
grant of injunction?
Chattels and Fixtures
Degree/mode of annexation –
-Really asking, is it annexed in any way?
-OR is it resting only on own weight?
-This determines the onus of proof
Horris v Holgrave; onus of proof
If it is attached then the onus of proof is on the person claiming that it is a chattel
If it is not attached then the onus is on the person claiming it is a fixture
Purpose/object of annexation –
-Consider objectively
-For better use or enjoyment of the land?
-OR for better use or enjoyment of the item itself?
Holland v Hodgson
Was the item affixed for better use and enjoyment of itself as a chattel or was it affixed for better
use and enjoyment of the land?
Lee v Taylor
Blacker case – irrigation, was it a chattel or part of the land?
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Air navigation regulations are complied with. (2) in this section, "air navigation regulations" means the regulations made under the air. Navigation act 1920 of the commonwealth and includes such of the provisions of those regulations as are applicable to and in respect of air navigation within new south wales by virtue only of the air navigation act 1938. What an occupier could reasonably do with the land. If it is attached then the onus of proof is on the person claiming that it is a chattel. If it is not attached then the onus is on the person claiming it is a fixture. The manner in which it is usually, or most conveniently, utilised. Purpose for which the chattel has been affixed to the land status of the person bringing the chattel onto the land is chattel part of architectural design? (re whaley [1908] 1 ch 615)
