RGRE Grafton Ltd v Bewley's Caf� Grafton Street Ltd & anor (Unapproved)

             The central plank of the appellant's claim is that the works comprise windows which form part of the leased premises and on that basis they are, as a matter of law, the property of the landlord.�

             There was little dispute between the parties as to the applicable legal principles, which I shall consider later in this judgment. During the appeal the debate largely turned upon the evidence which could prove or disprove the theories of the respective parties as to the original configuration of the building and the approach of the judge to this evidence.

             The facts have been set out in very considerable detail in the judgement of the High Court and I do not propose to repeat McDonald J.'s excellent statement of the facts and description of the caf� and the works in dispute. This judgment should be read in conjunction with that of the High Court.

             The major difficulty in this case is the incomplete nature of the evidence and the resulting difficulty in resolving the legal issues presenting in the case, a problem of which the trial judge was acutely aware. Of necessity the High Court, and this Court on appeal, is required to draw inferences from this incomplete picture. It need not be emphasised that great care must be taken in such a task.

             On appeal, the appellant focused its case to the issue whether the works were windows and thus part of the fabric of the building. If they were originally windows, it said, they could not have been tenant's fixtures. If they were not originally tenant's fixtures, the changes which occurred in the caf� in the intervening years did not transform them into tenant's fixtures. The respondents' case in the High Court was that the works were installed as and remain to this day, tenant's fixtures.