A recent NSW Supreme Court decision highlights the twin challenges of determining whether an item affixed to land by a tenant is a fixture and, if it is, the value of the tenant’s interests in that fixture.

The case involved SPIC Pacific Hydro which, in July 2017, acquired all of the units in a trust that indirectly holds the assets for the Taralga wind farm. At issue was whether SPIC was liable for “landholder duty” on the purchase of the units and, if so, the quantum of that liability.