27 Oct 1983
The Court upheld the trial judge's finding that the primary user at the material time was business; the rating authority's Certificate constituted prima facie evidence under s51(6) placing the burden on the appellant, which was not discharged, therefore the notice of termination was effective and the appeal was dismissed.
27 Feb 1981
On the balance of probabilities the premises were let for business/non-domestic use; clause 8 combined with the landlord's credible evidence and the occupation permit outweighed the defendant's evidence and the Rating & Valuation certificate (which only evidences user on inspection); accordingly Part II of Cap.7 did not apply, the plaintiff was entitled to possession and the defendant's counterclaim failed.
31 Jan 1974
On the facts the primary user of the premises at the time the termination notice was issued was non-domestic because signage, company-name telephone, business registration at the premises, storage of goods and a Rating & Valuation certificate indicating non-domestic use showed the premises were being used primarily for business; therefore the tenancy was not domestic and plaintiff was entitled to possession and mesne profits.