2 Nov 2000
The paging service conducted on the premises is not a use 'for industrial purposes' within special condition 2(a) because it is neither manufacture nor the final stage of manufacture nor ancillary to the manufacturing process; accordingly the use breaches the Conditions of Sale and the appeal is dismissed.
7 Dec 1999
The Court held that the paging service operation is a discrete, non-industrial use that is not ancillary to the manufacturing of pagers; therefore its use of parts of the premises breaches Special Condition 2 which confines the building to factory/industrial uses, and the appeal is allowed, setting aside the judgment below.
2 Mar 1999
The court held that 'industrial purposes' in special condition 2(a) includes the plaintiff's information service as part of the industrial package or, at minimum, as ancillary office use; condition 2(b) does not operate to restrict user to manufacturing only; therefore the defendant failed to show a breach and the plaintiff is entitled to a declaration that it has not breached condition 2(a).
6 Aug 1988
The court held that the Bank of America premises operated as a regional data processing centre whose functions (continuous data processing, reception, transformation, updating, printing and ancillary facilities) are inconsistent with the ordinary incidents of a godown and that the evidence did not establish a manufacturing or industrial process sufficient to constitute 'industrial purposes'; accordingly the declarations sought were refused and the originating summons dismissed.