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

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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