31 Service of
notices
(1) Any notice
that by or under this Act is authorised or required to be served on a person may
be served on the person:
(a) by delivering
it to the person personally, or
(b) by lodging it
during normal office hours at the person's ordinary place of business, or
(c) by sending it
by post or facsimile addressed to the person's ordinary place of business, or
(d) in such other
manner as may be prescribed by the regulations for the purposes of this section,
or
(e) in such other
manner as may be provided under the construction contract concerned.
(2) Service of a
notice that is sent to a person's ordinary place of business, as referred to in
subsection (1) (c), is taken to have been effected when the notice is received
at that place.
(3) The provisions
of this section are in addition to, and do not limit or exclude, the provisions
of any other law with respect to the service of notices.
Zebicon
Pty Ltd v Remo Constructions Pty Ltd [2008] NSWSC 1408 (24 December 2008):
McDougall J
KEY ISSUES:
payment claim served by fax - evidence that recipient machine faulty - whether
payment claim "received"
Firedam
Civil Engineering v KJP Construction [2007] NSWSC 1162 (25 October 2007):
Austin J
KEY ISSUES: interaction
of service of payment schedule under the SoP Act and service under Corporations
Act - relevance of evidence of non-receipt by director of claimant -
adjudicator disregards adjudication response on ground that payment schedule
was not provided because not received by claimant's director - errors of law -
denial of natural justice - whether relief should be by declarations and
injunctions or orders in nature of certiorari
Pacific
General Securities Ltd and Anor v Soliman and Sons Pty Ltd and Ors [2006] NSWSC
13 (31 January 2006): Brereton J
KEY ISSUES:
whether service in compliance of s.31 whether service required on
receiver
JAR
Developments Pty Ltd v Castleplex Pty Ltd [2007] NSWSC 737 (10 July 2007): Rein
AJ
KEY ISSUES:
whether service in accordance with s 109X Corporations Act 2001 (Cth) and s 31
Building and Construction Industry Security of Payment Act 1999 whether
determination of adjudicator void
Falgat
Constructions Pty Limited v Equity Australia Corporation Pty Limited [2006]
NSWCA 259 (19 September 2006): Handley JA, Hodgson JA, Hunt AJA
KEY ISSUES:
whether adjudication application can be made if payment schedule provided
outside the time limit - whether s.109X of the Corporations Act 2001 (Cth)
applies to provision of payment schedule to a corporation - Effect of s.29 of
the Acts Interpretation Act 1901 (Cth) - Whether "provide"means
anything different from "serve"in the Building &Construction
Industry Security of Payment Act 1999, and is governed by s.31 of that Act.
Emag Constructions Pty Limited v Highrise
Concrete Contractors (Aust) Pty Limited [2003] NSWSC 903 (26 September 2003) :
Einstein J
KEY ISSUES: whether the adjudicator had jurisdiction – whether proper service of the adjudication application took place when faxed to respondent’s solicitor
Pacific General Securities Ltd & Anor v
Soliman & Sons Pty Ltd & Ors [2005] NSWSC 378 (14 April 2005) : McDougall J
KEY ISSUES: whether failure to comply with basic and essential requirement of the Act – whether denial of natural justice – whether notice of acceptance of application served on plaintiffs – whether notice of application received by plaintiffs
Taylor Projects Group Pty Limited v Brick
Dept Pty Limited & Ors [2005] NSWSC 439 (5 May 2005): Einstein J
KEY ISSUES: whether the payment claim by way of a facsimile sent at 10:41pm was served on the day it was faxed – whether there was constructive resubmission of payment claim – whether adjudication determination failed to satisfy one of the essential conditions laid down by the Act
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