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6 FB - T5 - 541 - 13 - 14M Fixture and Fitting
6 FB - T5 - 541 - 13 - 14M Fixture and Fitting
6 FB - T5 - 541 - 13 - 14M Fixture and Fitting
4 tutorial: Feedback
1. Irene Loong v Pun Tsun Hang [1959] HKDCLR 192
annexed = merge into/ installed
1.1. Fixtures. distrainable = To seize the property of an individual and retain it until an obligation is performed.
1.1.1. Window‐type air‐conditioners which are annexed to the premises are prima facie 初步認定
fixtures and are not distrainable unless it can be shown that it was intended the
annexation should be for only a temporary purpose.
1.1.2. They were there for improving the premises by making the atmosphere inside more
有助的,有益的 conducive to the practice and enjoyment of dancing and not for the better
AC are pre-assumed fixtures unless it was intended for temporary purpose, and it is for enjoyment
enjoyment of the air‐conditioners. of dancing (enjoyment of the estate)
--> so AC is fixture, and it should be owned by the landlord not the tenant, it should not be seized.
2. Penta Continental Land Investment Co Ltd v Chung Kwok Restaurant Ltd [1967] DCLR 22
2.1. A chattel, be distrainable. The fact that the tenant was not the owner of the machines
was immaterial. 無關緊要的
3. Orient Leasing (Hong Kong) v N.P. Etches [1985] HKLR 292
3.1. They were fixtures, hence subject matter of the mortgage
4. Outline:
4.1. First Issue:
4.1.1. Whether she could acquire the green house from the sale when the Agreement
mentioned nothing about the green house?
4.1.2. The land s 2(c) CAPO, including fixture.
4.1.3. So she could acquire the green house if it is a fixture.
4.2. Second issue: whether the green house is a fixture or a fitting when the green house is
at the backyard forming part of the Property and when the green house was bolt to a
frame fixing on the ground with screws and when ….( other missing facts which in
your view are relevant) (“the threshold issue”).
4.2.1. You may put the missing facts into your answer, i.e., an answer being qualified by
the facts being identified by you as missing, and most importantly, relevant to the
issue of fixture or fitting. (Note, missing facts are not the same as presumed facts,
which are facts you presumed that they are truth when the question does not say
so.)
4.3. The law? See the note and also do the research yourselves.
4.3.1. The re‐defined issue, if any.
4.4. The relevant law, if another research is conducted by reason of the re‐defined issue.
4.4.1. Application?
4.4.2. Your advice?