Peter Smythe v Vincent Thomas
[2007] NSWSC 844
Citation 1
…ved. The buyer simply clicks on a webpage button ‘buy it now’ to purchase at the fixed price. The listing then expires.’” [6] [2007] NSWSC 844 [26]…
eBay International AG v Creative Festival Entertainment Pty Limited
[2006] FCA 1768
Citation 2
…s Supreme Court decision of Smythe v Thomas :[6] “In eBay International AG v Creative Festival Entertainment Pty Ltd (2006) Aust Contract R 90-248; [2006] FCA 1768 (a case in which eBay claimed that a condition contained on the reverse of tickets sold by Creative conveyed representations that constituted misleadin…
Wickstead v Browne [No 2]
[1993] NSWCA 289
Citation 3
…“retail premises” and that the lease was governed by the Act .[1] [1] Onus v Alcoa of Australia Ltd (1981) 149 CLR 27, at 57; Wickstead v Browne (1992) 30 NSWLR 1, at 11 71 The plaintiff submitted that the premises were not used wholly or predominantly for retail activities. Nor were they used, or to be used, wholl…
Onus v Alcoa of Australia Ltd
[1981] HCA 50
Citation 4
…ainable in this Court, that the premises were “retail premises” and that the lease was governed by the Act .[1] [1] Onus v Alcoa of Australia Ltd (1981) 149 CLR 27, at 57; Wickstead v Browne (1992) 30 NSWLR 1, at 11 71 The plaintiff submitted that the premises were not used wholly or predominantly for retail activit…
State of Victoria v Tymbook Pty Ltd
[2005] VSC 267
Citation 5
…f a shop. In that sense, the use of the premises for retail purposes was not under the terms of the Lease.[5] [5] State of Victoria v Tymbook Pty Ltd [2005] VSC 267 99 Fourth, I consider that the evidence does not establish that the activities associated with eBay sales, carried on at the premises, are establishe…