The Court held that where numerous payment claims over several years were sent to a principal's representative's email address and were promptly dealt with without complaint (including by way of payment), the principal had impliedly specified that email address for service of payment claims under s 31(1)(d) of the Building and Construction Industry Security of Payment Act 1999 (NSW), applying Rewais [2025] NSWCA 103. The Court also held that the course of email dealings constituted communication in writing of a relevant address for service under the contractual notice clause, even though no email address was expressly nominated in the contract. As no payment schedule was provided in response, the respondent became liable to pay the full claimed amount as a statutory debt under ss 14(4) and 15(2)(a)(i).
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