When is a commercial lease governed by the Retail Leases Act 2003 (Vic)?

In a recent matter before the Victorian Supreme Court, CB Cold Storage Pty Ltd v IMCC Group Pty Ltd, the Court had to make the decision as to whether the services provided by CB Cold Storage came under the description of ‘retail services’ or not.

In most cases the provision of goods or services to an end user will be ‘retail’.  However, this case highlights the importance of correctly identifying the specific circumstances of each scenario to ensure your rights are protected.

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