Attorney-General (Cth) v R T Co Pty Ltd (No 2)

The Attorney-General of the Commonwealth of Australia sought a determination from the High Court regarding the execution of a warrant issued under section 59 of the *Lands Acquisition Act 1906-1936*. The warrant authorised the Marshal to deliver possession of a building's basement, acquired by the Commonwealth, to the Minister. The basement was occupied by substantial printing machinery, and questions arose concerning the Marshal's duties in relation to this equipment and whether the machinery constituted fixtures. The respondents included R. T. Company Pty Ltd, Radioprogram Pty Ltd, Radio City Pty Ltd, and Henry Drysdale.

The primary legal issues before the High Court were whether the Marshal was under a duty to remove the cumbersome chattels, specifically printing presses, from the basement during the execution of the warrant, and whether these printing presses, attached by nuts and bolts to a concrete foundation, were fixtures. The court was also asked to clarify the extent of the Marshal's authority under the warrant to enforce entry and deliver possession of the land.

The High Court held that the Marshal was not under a duty to remove the machinery. The Court reasoned that the Marshal's role under section 59 was to deliver possession of the land or enforce entry, and this could be achieved even with the chattels remaining in situ. The presence of the chattels, while hindering the use of the land, did not prevent the physical delivery of possession. Regarding the printing presses, the Court determined they were not fixtures. The purpose of their affixing was to ensure stability during operation, not to become an integral part of the building. Therefore, they remained chattels, and their removal was not a responsibility of the Marshal executing the warrant.

The Court declared that the warrant authorised the Marshal to enter into possession of the basement by force, if necessary, as against any person or company claiming possession. The Marshal was not obligated to remove the machinery, as this was a matter for the Commonwealth to address separately.