“Jumping out” the Retail Leases Act – a clarification

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ROBERT HAY QC COMMERCIAL LAW BARRISTER

Today I posted an article about Verraty Pty Ltd v Richmond Football Club [2019] VCAT 1073.

I have had queries about paragraph (i) where I said:

“where the commencing rent under a new lease does not exceed $1,000,000 for the first 12 months,  before the lease is entered into the

‘Ultimate consumer test” remains one of the indicia of the retail provision of services

This post was originally published on this site

ROBERT HAY QC COMMERCIAL LAW BARRISTER

The CB Cold Storage and IMCC Group saga has ended. This morning the High Court of Australia refused the landlord’s application for special leave to appeal. The consequence is that the Court of Appeal’s decision in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178