Official Trustee in Bankruptcy as the Trustee of the Property of Miller a Bankrupt v Miller

The Official Trustee in Bankruptcy, as trustee of the property of a bankrupt named Miller, sought an interim injunction to prevent the sale of a transportable house situated on land owned by the bankrupt. The central dispute concerned whether this transportable house formed part of the bankrupt's estate, which hinged on its classification as either a fixture or a chattel. The application was heard by Antoni Lucev J in the Supreme Court of Western Australia.

The court was required to determine whether there was a serious question to be tried regarding the ownership of the transportable house and, consequently, whether it formed part of the bankrupt's estate. This involved assessing whether the house was a fixture attached to the land, thereby passing to the Official Trustee upon bankruptcy, or a chattel, remaining the property of the bankrupt. Furthermore, the court had to consider the balance of convenience in determining whether to grant an interim injunction to restrain the sale of the house.

His Honour applied the principles governing the distinction between fixtures and chattels, considering the degree of annexation to the land and the object or purpose of the annexation. The court found that the transportable house, despite being connected to services, was not so affixed to the land as to become part of it. The primary purpose of its placement was for use as a dwelling, and it retained its character as a movable structure. Consequently, the court concluded that there was not a serious question to be tried that the house was a fixture. The balance of convenience did not favour the granting of an injunction, as the Official Trustee had not demonstrated a sufficient likelihood of success in establishing that the house formed part of the bankrupt's estate.