We have witnessed activity in the Court system around cases where wholly or predominantly supplied services are considered retail, regardless of whether or not these services are supplied to the public or business-to-business.
Fundamentally, the judgements determine whether or not leases of this nature are governed by the Retail Leases Act 2003.
It has long been a debated topic whether or not estate agents are legally permitted to draft special conditions for a Contract of Sale. This is a matter that should not be taken lightly, particularly given that the maximum penalty for contravening the law is two years imprisonment.
MST Lawyers was honoured and delighted to receive this year’s Supplier of the Year Award at the MYOB FCA Excellence in Franchising Awards on 10 October 2017. The Award recognises supplier excellence in contributing to the franchising sector and helping franchising clients achieve their goals.
After entering into a lease contract for a cold storage facility in 2012, a dispute arose between the tenant and the landlord. The issue was whether or not the lease was considered to be a “retail lease” based on the permitted use. Initially, the facility was found not to be a retail premises. This decision was overturned and then revisited on appeal. We review the decision handed down on appeal and the implications for tenants and landlords.