On 15 December 2017, the High Court 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.

The County Court recently handed down a decision in the case of Access Solutions International Pty Ltd v Gamet Pty Ltd [2017] VCC 1563, following the CB Cold Storage Decision.

The decisions held that the premises in those cases are used for supplying services to other businesses as ‘ultimate consumers’  of those services and as such are covered by the Retail Leases Act 2003 (the Act).

The effect of the decisions is that the Act is likely to apply to premises used for supplying services and possibly goods where those services or goods are supplied to the ultimate consumer end user which can include another business.

For more information, refer to the VSBC’s guidelines, What are Retail Premises?

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