The question of whether premises are 'retail premises' is often difficult to answer, particularly where the premises are used for the provision of services. In IMCC v CB Cold Storage the premises were used as a cold storage facility for storing food and the tenant's customer were involved in the food industry. VCAT held that the premises were not 'retail premises'. The Supreme Court's decision that the premises were 'retail premises' was upheld by the Court of Appeal. The High Court refused an application by the landlord for leave to appeal.
The seminar will consider:
- the 'ultimate consumer test'
- the importance of premises being 'open to the public'
- where premises that sell goods are likely to be 'retail premises'
- where premises that provide services are likely to be 'retail premises'