Is an eBay business a retail premises?

  • Author : Samuel Hopper - 27-04-2011

A colleague has just referred me to an interesting decision by Judge Ginnane in the County Court on whether a lease for premises in which an eBay business is conducted is a retail premises lease under the Retail Leases Act 2003 (Vic).

The Court concluded for various reasons that it could not be satisfied that the premises were retail premises, but left open the possibility of an eBay business falling within the ambit of the Act, saying:

[101]  I am prepared to assume that a sale by eBay may be properly characterised as a retail sale. The definition of retail premises is a wide one. The authorities suggest that it is unnecessary, in order for retail activity to occur, that there be “direct personal interface” between the retailer and customer.7 A retail sale is a sale to an ultimate consumer, as opposed to sales to the trade for the purpose of resale. …


 

Given the erosion of traditional retail sales by online businesses in recent years, this question may be significant.

The decision is Segment Woods Pty Ltd v Brockridge Pty Ltd & Anor [2009] VCC 1531, and a copy is available here.

Thanks to Stuart Monotti from Harwood Andrews for referring me to this case.

About the Author

Samuel Hopper

Recent Posts

A new practice for listing trials in the Building and Property List at VCAT

Samuel Hopper Date: 28-11-2023

The Limitation of Actions Act and contribution claims under the Wrongs Act at VCAT

Samuel Hopper Date: 15-09-2023

Ongoing issues with VCAT’s jurisdiction and the length of VCAT’s lists

Samuel Hopper Date: 05-04-2023

A lease is not retail unless it is ‘open to the public in the required sense’

Samuel Hopper Date: 19-07-2022

First comments the new CTRS Regs

Samuel Hopper Date: 02-02-2022

CTRS Regulations – 30 September 2021 is approaching fast …

Samuel Hopper Date: 23-09-2021