Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd

[2025] NSWCA 103

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Adjudication under Security of Payment Act
3. › Jurisdictional error
4. › Service of payment claim as essential precondition
5. › Whether premature adjudication application void for want of jurisdiction
6. › Whether compliance with s 17(2) is a jurisdictional fact
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 17, 22, 31
1. Building and Construction
2. › Service of documents
3. › Service by email under s 31(1)(d)
4. › Whether email address 'specified by the person for the service of documents of that kind'
5. › Whether specification may be implied by conduct
6. › Construction of 'documents of that kind'
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 31(1)(d)
8. › Electronic Transactions Act 2000 (NSW), s 13A
1. Building and Construction
2. › Home Building Act 1989 (NSW)
3. › Unlicensed and uninsured contractor
4. › Whether ss 10 and 94 preclude enforcement of adjudication determination under Security of Payment Act
5. › Whether statutory remedy under Security of Payment Act constitutes 'damages or any other remedy in respect of a breach of contract' or 'any other right of action'
6. › Home Building Act 1989 (NSW), ss 10, 94
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 32

Quick Take

An email address may be impliedly specified for service of payment claims and s 17(2) notices under s 31(1)(d) of the Security of Payment Act through a course of dealing involving the use of that address for invoices styled as payment claims, even without express agreement, and service is effective when the email becomes capable of being retrieved regardless of whether it is opened.