Question 1

Patrick and Matt are brothers who own an inner-city apartment together in Brisbane (‘the apartment’). About eight years ago, Patrick developed an interest in expensive objet d'art and began to collect rare and expensive items, which he displayed in the apartment.

Some of the items in the collection have been installed in special ways. Four large paintings have been mounted onto the walls with special detachable clamps.  Three large sculptures are sat on pedestals in glass display cabinets.  The pedestals are recessed into the floor. 

About three years agio, the brothers installed an expensive security system throughout the apartment to protect the growing collection. This required the installation of fibre-wiring into the wall crevices of the apartment and under new floating floorboards.  The floating floorboards are secured by an interlocking bolt system that bolts the floating floorbaords to the concrete floor of the apartment.

Last month Patrick and Matt entered into a contract of sale for the apartment.  The brothers have since removed all the objet d’art, including the pedestals and glass display cabinets, and placed these items in storage. They were in the process of arranging for a technician to remove the floating floor and the security system when the purchasers arrived for a final inspection prior to settlement. Believing that they are entitled to all the objets d’art, display cabinets, floating floor, and security system, the purchasers are furious and are threating legal action.

Advise Patrick and Matt of their position regarding the objet d’art on the walls and in the display cabinets, floating floor, security system, and glass display cabinets according to property law applicable in Queensland.

You are not required to discuss any contract for sale of land issues.