Cases - J Lyons and Co. Ltd v Attorney-General
Record details
- Name
- J Lyons and Co. Ltd v Attorney-General
- Date
- [1944]
- Citation
- CH 281
- Legislation
- Keywords
- Plant and machinery - apparatus used for purpose of a business - premises test - whether lamps were plant
- Summary
-
The War Damage (Amendment) Act 1943 gave compensation for damage to land and defined land as including buildings or plant. In this case, the company claimed that some lamps that were destroyed by enemy action were plant and so qualified for compensation under the War Damage Act. The lamps were not part of the building and the question was therefore whether or not they were plant.
The judge, Uthwatt J, rejected the claim. He said that the question that had to be decided was whether the lamps were part of the setting in which the business was carried on or part of the apparatus used for carrying on the business. He decided that the lamps were not plant, because they were part of the general setting in which the business was carried on, and were therefore not apparatus with which the business was carried on.