Downer EDI Works Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd

Downer EDI Works Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales concerning the service of a payment claim under the *Building and Construction Industry Security of Payment Act 1999* (NSW). The dispute arose from a construction contract between the appellant and Parsons Brinckerhoff Australia Pty Ltd (the respondent), where the respondent sought to recover an amount it claimed was due under the Act. The central issue was whether the payment claim, sent by facsimile to the appellant's Melbourne office, constituted valid service under section 31(1)(c) of the Act, which requires service at the person's "ordinary place of business."

The court was required to determine whether the appellant's Melbourne office constituted an "ordinary place of business" for the purposes of section 31(1)(c) of the Act, given that the appellant had multiple places of business. Specifically, the court had to consider whether it was necessary for the ordinary place of business to be the one with the closest connection to the relevant works under the contract.

The Court of Appeal held that section 31(1)(c) does not require the ordinary place of business to be the one most closely connected with the relevant works. Instead, it is sufficient if the place of business is an ordinary place of business of the recipient. The court found that the Melbourne office was indeed an ordinary place of business for the appellant, and therefore, service by facsimile to that office was valid. Consequently, the appeal was dismissed with costs.