Read the following factual account and answer ALL of the questions. For 20 years Andy and Kate have lived in Hahndorf, a popular tourist town 20 km from Adelaide. They owned their own house there, and also rented a small shop in the main street of Hahndorf where they sold locally produced crafts such as jewellery, pottery, glassware, candles, and soaps. The shop was part of a row of shops owned by Joe, the landlord. However this year Andy and Katie decided to sell the house, close the shop and move to Adelaide to be closer to their children who live in the city. The House Andy and Katie were able to sell the house using the services of Elite Properties, a local real estate agency. Soon after settlement the representative for Elite Properties was confronted by the purchaser, Mr Devin Frost, who was very angry that certain items had been removed from the property by Andy and Katie after the sale, including a mosaic poolside decorative screen and 5 tall palms that had been planted in the ground along the western end of a swimming pool in the back yard. Since these items had not been expressly excluded in the terms of the contract of sale, Elite's representative informed Mr Frost that it was not an issue that Elite Properties was required to resolve. Instead he advised Mr Frost to seek legal advice about whether the items in question were classed as fixtures or chattels according to common law principles. [1} Distinguish between fixtures and chattels and give examples of each. [3 marks] [2} Using case references briey outline the TW_O common law tests for determining if an item is a fixture or a chattel. [6 marks] [3} With reference to the principles outlined in {1) and (2] advise Mr Frost whether he is entitled to the return or the replacement cost of the following items: [a] A mosaic poolside screen about the size of a large beach towel depicting a sh swimming amongst reeds, mounted on a solid wooden frame which is securely bolted to the concrete surface beside the pool. The evidence suggests that although the screen is heavy and probably requires two people to lift it, the bolts can be easily removed with the right tool causing minimal damage to the concrete surface beneath it. Katie had created the mosaic as part of her final year assessment when doing her fine arts degree many years ago. (b) The palms were well established and appeared to have been planted in the garden to provide shade and privacy. Their removal has left the western end of the pool exposed to the afternoon sun and renders the pool area clearly visible from the neighbouring property.The Shop Joe was not happy that Andy and Katie had decided to stop renting his shop. Originally the parties had a written lease agreement for the shop, but that lease had finished last year. When this original written lease had expired Joe did not want the expense of having a new lease prepared, and instead said to Andy and Katie, \" Just pay me $800 a month and you can keep renting the shop\". However Joe has now said to Andy and Katie that he will probably take six months or more to repaint the shop, make some repairs to the roof and nd new tenants, so they needed to pay him an extra 6 months of rent now 'rfthey are leaving. Three years ago Andy installed a large, expensive glass and stainless-steel display case in the shop to show better some of their more expensivejewellery and glassware. The display case is firmly fixed to the wooden floor with large bolts and will probably cause some damage the floor when it is removed, and because of its weight, it will take at least4 people to move it. Andy wants to take the display case with him when he leaves, but Joe says that because its size and weight and because it has been there for a number of years it is now part of the shop and must remain there. (4} In respect to the shop, Andy and Katie have now asked for your advice about the following: {all How much notice should they give to Joe of the date that they intend to vacate the shop and why. {3 marks} (b) Is Joe entitled to demand any additional rent when Andy and Katie leave? (c) Can Andy and Katie take the display case with them when they vacate the shop