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The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000
This is the second post in a series that I am publishing on the application of the RLA 2003 and the ultimate consumer test since the CB Cold Storage appeal. In Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 from December 2018, Senior Member Forde at VCAT considered a […]
Continue reading...The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000
September 11, 2019
Comments Off on The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000
This is the second post in a series that I am publishing on the application of the RLA 2003 and the ultimate consumer test since the CB Cold Storage appeal. In Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 from December 2018, Senior Member Forde at VCAT considered a […]
Continue reading...Retail leasing post-C.B. Cold Storage Part 1: Koga Nominees Pty Ltd v Loscam Australia Pty Ltd & Ors [2018] VSC 455
September 2, 2019
Noman Mermelstein of the firm Law Ink Pty Ltd has recently published an article in the Law Institute Journal that asks whether, in light of a string of recent decisions, there is really a need for retail tenancies legislation in our community. A copy of Norman’s article is available here. The article is excellent and […]
Continue reading...The High Court has refused special leave to appeal the CB Cold Storage case – When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 5
December 15, 2017
The High Court of Australia this morning refused special leave to appeal the decision of the Victorian Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178. For a discussion of that decision, see my earlier post here. If you are really keen, you can follow the […]
Continue reading...Court of Appeal dismisses appeal in the C B Cold Storage case – When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? Part 4
July 5, 2017
The Victorian Court of Appeal today handed down its decision dismissing the much-anticipated C B Cold Storage appeal. The decision is cited as IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 and is available online. The background to the decision is in earlier posts on my blog here. If […]
Continue reading...Court of Appeal dismisses appeal in the C B Cold Storage case
July 5, 2017
Comments Off on Court of Appeal dismisses appeal in the C B Cold Storage case
The Victorian Court of Appeal today handed down its decision dismissing the appeal in the much-anticipated C B Cold Storage appeal. The decision is cited as IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 and is available online. The background to the decision is in earlier posts on my […]
Continue reading...A lease is not retail unless it is ‘open to the public in the required sense’
July 15, 2022
Remember when all we had to think about was whether or not a lease was retail and there was no such thing as the CTRS to occupy our minds on a Friday afternoon? Well, as we return to a post-Covid normal we can start thinking about these things again. For those who need a refresher, have […]
Continue reading...VCAT finds that a head lease is not a retail premises lease under the RLA 2003
March 5, 2021
In another recent development, this time under the Retail Leases Act 2003 (Vic) (RLA 2003),[1] Senior Member Forde at VCAT has held that a head lease is not a lease of retail premises under that Act. In Izett St Pty Ltd v Applgold Pty Ltd (Building and Property) [2021] VCAT 174, Senior Member Forde at VCAT heard as a preliminary […]
Continue reading...Sand quarry is a lease of retail premises and late provided s 46 estimate does not revive liability for old outgoings under RLA 2003
July 12, 2019
In the decision of Phillips v Abel [2019] VCAT 1031, handed down last week, VCAT held that: a lease of a quarry where the tenant processed and sold to members of the public sand extracted from the site was a lease of retail premises under the Retail Leases Act 2003 (Vic) (RLA 2003); and late provision […]
Continue reading...Another application of the “ultimate consumer” test
November 2, 2017
His Honour Judge Macnamara in the County Court of Victoria recently handed down a decision that considers and applies the controversial “ultimate consumer” test under s 4 of the RLA 2003. For some background, see my earlier post here. In the recent case of Access Solutions International Pty Ltd v Gamet Pty Ltd [2017] VCC […]
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Sam Hopper Barrister 
September 13, 2019
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