24 Feb 1973
Applicant failed to discharge the onus to prove a genuine present need for possession because evidence of eviction from her current accommodation was speculative and not reasonably certain or imminent; therefore the application was premature and must be dismissed.
16 Jan 1973
The head-lease commenced after the R.I. Ordinance commencement date so the action was outside the Ordinance; under common law termination of the head-lease terminates sub-leases and a sub-tenant has no independent right against the landlord in these facts; Minet v. Johnson is distinguishable; therefore the applicant cannot invoke the Ordinance and his application to be joined is dismissed.
30 Nov 1972
The Certificate of Primary User classified the premises as domestic so the Ordinance applied, but the protections of the Ordinance are personal to an occupying tenant and a corporation cannot claim the personal right to possession; accordingly the Plaintiff is entitled to judgment for possession.
31 Dec 1971
On the balance of probabilities the court found construction money of $830 was paid; accordingly the tenancy had been within the protection of the Tenancy (Prolonged Duration) Ordinance and the Rent Increases (Domestic Premises) Control Ordinance did not apply; the notice to quit complied with the Tenancy (Notice of Termination) Ordinance and was valid, entitling the plaintiff to possession and mesne profits.
Registrar's judgment was set aside because the evidence disclosed triable issues (including the true primary user of the premises and extent of commercial use) under Order 14 Rule 3; the defendant was granted leave to defend, conditional on payment into court of mesne profits/rent at $500 per month from 1 June 1973 until trial and payment of accrued arrears within one week.