Property in unfixed plant and materials

The Full Federal Court of Australia has confirmed that, ordinarily, property in unfixed plant and materials does not pass to the Principal until such time as it is incorporated in the works. The Court also emphasised that contractual clauses must be construed in the context of the contract as a whole, and words given their plain and ordinary meaning. [Case ref: Management 3 Group Pty Ltd (In Liq) v Lenny's Commercial Kitchens Pty Ltd [2011] FCAFC 162.]