What is a retail premises? The ultimate consumer test.

  • Author : Samuel Hopper - 03-09-2013

Here is an excellent summary by Robert Hay of the recent decision of Fitzroy Dental Pty Ltd v Metropolitan Management Pty Ltd [2013] VSC 344 .

As many of you know, a retail sale is generally considered to be a sale to the ultimate consumer.  The question in that case was whether the conference provider or the attendees at the conferences were the ultimate consumers.

His Honour Justice Croft held that the conference providers were the ultimate consumer and that the RLA applied as the retail sale was the hiring of the conference facility.  The Court divided the hiring of the conference centre and the conference itself into two transactions.  Consequently, the conference provider was an ultimate consumer, even though they may on sell (or give) tickets to the conference itself.

Sam Hopper and Kate Brideoake

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Samuel Hopper

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