tag:blogger.com,1999:blog-442066473912429986.post3181859970725474412..comments2023-06-02T02:04:23.891-07:00Comments on Robert Hay Senior Counsel Commercial Law: Most tenants who provide services engaged in retail provision of servicesAnonymoushttp://www.blogger.com/profile/10050476951543777568noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-442066473912429986.post-85810709611521279902013-09-04T17:31:04.000-07:002013-09-04T17:31:04.000-07:00Those services were in turn an “input” into the di...Those services were in turn an “input” into the different services provided to the attendees at functions and conferences. Thus, there were two transactions involving the retail provision of services. The transaction between the tenant and the conference organising entity was for monetary consideration while the second transaction with the attendees did not always involve a fee or reward for the provision of services. It did not matter that the bodies organising the conferences and hiring the premises from the tenant were governmental authorities or public bodies such as a university, the Metropolitan Fire Brigade, the Police Federation or an industry association because such bodies had the capacity to enter into ordinary commercial agreements.These is great article i will be back to visit often.Neil Escobidohttp://www.lebernproperty.comnoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-54517180086687646432013-09-20T15:42:21.000-07:002013-09-20T15:42:21.000-07:00The effect of the decision is that most tenants wh...The effect of the decision is that most tenants whose business provide any sort of service will be engaged in the “retail provision of services” and the Act will apply. Nice articleFatima Tagaloghttp://www.lebernproperty.comnoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-58854258073764056682013-11-14T08:05:41.000-08:002013-11-14T08:05:41.000-08:00Would the "broader rather than a narrower int...Would the "broader rather than a narrower interpretation" approach in Fitzroy Dental extend the ambit of Section 4(1) to include scenarios where the tenant itself does not provide services to the "ultimate consumer" e.g. a medical centre leased to a tenant who through sub-leases and other agreements facilitates medical service providers who in turn provide services to the "ultimate consumer"?<br><br>Should Section 4(1) be read with express omission of the words "by the tenant" after both instances of "used"?Perry Rosenbaumnoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-84945384829981835142013-07-05T17:21:54.000-07:002013-07-05T17:21:54.000-07:00The end user might be a member of the public but w...The end user might be a member of the public but was not necessarily so. The problem has been to identify the “ultimate consumer”. Nathan J did not regard it as significant that a patent attorney’s advice might pass through the hands of an intermediary on the way to the ultimate consumer. But what would the position be if the patent attorney’s advice was used as “input” into a solicitor’s advice to the solicitor’s client? Would the solicitor be the “ultimate consumer”?These is great articleDominggo Benigayhttp://guaranteerentscheme.co.uknoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-41967399566082710072013-07-08T04:25:06.000-07:002013-07-08T04:25:06.000-07:00After Fitzroy Dental do you think a lease of premi...After Fitzroy Dental do you think a lease of premises for a "place of worship" could be a retail lease? The church facilities will be open to the public. The attendees (worshippers) will not always pay a fee for the provision of religious services. Just finishing the lease documents this week and had prepared them as if it were a commercial lease. hmmmStaceynoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-21653982365124895772013-09-03T04:06:35.000-07:002013-09-03T04:06:35.000-07:00[…] Here is an excellent summary by Robert Hay of ...[…] 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 . […]What is a retail premises? The ultimate consumer test. | Sam Hopper Barristerhttp://samhopperbarrister.com/2013/09/03/what-is-a-retail-premises-the-ultimate-consumer-test/noreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-76122639166981363412013-08-29T18:11:08.000-07:002013-08-29T18:11:08.000-07:00These is great article His Honour held that the ”...These is great article His Honour held that the ”essential feature of retailing” was the provision of an item or service “to the ultimate consumer for fee or reward”. The end user might be a member of the public but was not necessarily so. The problem has been to identify the “ultimate consumer”. Nathan J did not regard it as significant that a patent attorney’s advice might pass through the hands of an intermediary on the way to the ultimate consumer. But what would the position be if the patent attorney’s advice was used as “input” into a solicitor’s advice to the solicitor’s client? Would the solicitor be the “ultimate consumer”?Darius Taronahttp://www.lebernproperty.comnoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-31451625819273802342014-06-25T05:10:22.000-07:002014-06-25T05:10:22.000-07:00[…] The decision in Fitzroy Dental has also led my...[…] The decision in Fitzroy Dental has also led my friend and colleague Robert Hay to conclude that most tenants who provide services engage in ‘retail provision of services’ (see Robert’s blog post here). […]When is a lease for business-to-business services governed by the Retail Leases Act 2003 (Vic)? | Sam Hopper Barristerhttp://samhopperbarrister.com/2014/06/25/when-is-a-lease-for-business-to-business-services-governed-by-the-retail-leases-act-2003-vic/noreply@blogger.com