In PWC Legal v Perpetual Trustees, Lakeline was the proprietor of several lots with demountable houses on them. Perpetual Trustees granted a mortgage to Lakeline under the belief that the security was over both the land and the demountable houses. Lakeline later defaulted, and doubts then arose as to whether the houses were fixtures and thus whether the mortgagor had a right to ownership of them.
The Court stated that whether an object is a fixture depends upon the purpose of fixing the object to the land and the degree of annexation. The houses seemed to be fixtures since they were anchored to the land by brick piers. However the tenants of the houses purchased them from a company and under the contract the title of the homes passed to the tenants. Also, the residential site agreement between the tenants and Lakeline impliedly referenced the Residential Parks Act which prohibits moveable dwellings on residential sites from becoming fixtures. The Court held that the demountable homes were not fixtures and were owned by the tenants. Read more