Vohrah J:

This is an appeal from the decision of the Senior Assistant Registrar ordering that an original Heidelberg offset printing machine (hereinafter referred to as "the machine") be released to the second objectors, Malaysian International Merchant Bankers (MIMB), instead of the first objectors, The East Asiatic Co. Ltd. (EAC), after an enquiry on an interpleader summons (Encl. 21) arising out of the plaintiffs' application for a writ of execution (Encl. 2) against the defendants upon a judgment in default of defence.

EAC claim to be the owners of the machine on the basis of a hire-purchase agreement executed on 24 August 1974 (Exh. LTOI of Encl. 29) under which, out of a total sum of $289,203.19, a sum of $57,443.19 was still owing to them from the defendants and in consequence of this balance sum being unpaid they claim that they still retain the ownership of the machine. MIMB, however, contend that since the whole of the premises of the defendants was charged to them by a charge document dated 31 March 1976 and duly registered on 7 April 1977 the machine which is affixed to the floor and ground of the said premises by bolts is a fixture and forms part of the land