Retail lease legislation Doing more harm than good

Retail lease legislation
Doing more harm than good

My New Years' resolution was to stop kicking the retail lease legislation dog, and to let the legislation do its important work in peace. After all, the legislation has paid for the education of my children: I should be grateful for its spotty application and its ability to defy rational understanding. But I am weak, and I have been thinking about Lockrey v Historic Houses Trust NSW [2012] NSWSCA. There is a full moon, and I cannot resist the urge to come out of the cage for another swipe. The judgment is yet…Read more
Shopping centre management in a post Paddy’s state

Shopping centre management in a post Paddy’s state

The decision of the Court of Appeal in Sydney Markets Limited v Wilson [2011] NSW CA 201 (the Paddy's Market Case) appears to have made shopping centre management a little trickier. Section 3 of the RLA defines "retail shop" to mean: premises that: (a)  are used, or proposed to be used, wholly or predominantly for the carrying on of one or more of the businesses prescribed for the purposes of this paragraph .., or (b)  are used, or proposed to be used, for the carrying on of any business…in a retail shopping centre…Read more