Plant and machinery one to five

Plant and machinery(1)
? Machinery not a problem
? Definition of “plant” is a problem
? Many cases – read
? General principles from Yarmouth v France (1887):
? whatever apparatus is used by a businessman for carrying on his business
? Excludes stock
Plant and machinery(2)
? Plant performs an active function in business
? ie Assets with which business is carried on

? Assets which are passive are not plant
? ie Assets providing the setting for business
Plant and machinery(3)
? Active assets and thus plant:
? Dry dock
? Swimming pool
? Moveable partitions
? Barrister’s law books
Plant and machinery(4)
? Passive assets and therefore not plant:
? Buildings
? Ship used as restaurant
? Petrol station canopy
? Football stand
? False ceilings
Plant and machinery(5)
? Assets defined as plant by law:
? Fire safety equipment
? Thermal insulation
? Computer software

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