Whether a lease is a 'retail shop lease' under the Retail Leases Act 1994 (NSW) is determined by the purpose stated in the lease document (or as varied), not by the actual use of the premises. The purpose or intention to operate a retail shop is sufficient; an actual retail shop need not exist at the time the lease is entered into. However, the question of whether particular provisions of the Act continue to apply when premises are not in fact used as a retail shop was expressly left open.
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