Notice to Complete

1459 Words6 Pages
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows: RELEVANT FACTS • Plaintiffs are Mr and Mrs Luxford (the vendors). • First defendant is Mrs Sidhu (the purchaser). • Second defendant is PA & NA Johnson Pty Ltd. • Third defendant is Johnson Prestige Realty Pty Ltd. • Fourth defendant is David Michael Johnson. • Cross defendants are Peter Michael McBride and Anna Maria Bernadette Marano. • Contracts were exchanged on 2 May 2005 for the purchase of property for $2,130,000 between the plaintiffs and the first defendant. • Contract of sale to be completed by 25 July 2005, not completed. • Notice to complete served on 27 July 2005 requiring…show more content…
• The respondent is the commissioner of state revenue. • TEC and AGL are partners carrying on a business under the name Southern Cross Energy. • A sale agreement known as “AWMC Power Assets Sale Agreement” allowed WMC to sell or licence its power generation, transmission and distribution assets to TEC and AGL. • The sale agreement allowed for sale of assets but not fixtures. • The sale agreement required WMC to grant licences to the purchasers which would allow them to use the power generation assets that were fixtures. • Commissioner of State Revenue assessed the sale agreement to stamp duty of approximately 9 million on the basis that the majority of chattels sold were fixtures and fixtures are part of the land under the general law. • Duty was payable on the value of both the land and chattels.[1] • The Court of Appeal of the Supreme Court of Western Australia determined that the stamp duty payable should be increased to $11 million. • Decision appealed to the High Court of Australia. ISSUES • Whether the term fixture was defined in the sale agreement as items “affixed to land”. • Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition. • Whether the licence agreements constituted a transfer of an interest in land. • Whether most of WMC’s power generation assets were on
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