Moulieux Pty Ltd v Girvan NSW Pty Ltd (Receiver and Manager Appointed)

Moulieux Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a notice of termination of a lease agreement, which the appellant argued was invalidly served. The respondent, Girvan NSW Pty Ltd, had appointed a receiver and manager.

The primary legal issue before the Court of Appeal was whether the notice of termination, which was sent by ordinary post to the registered office of the appellant, constituted valid service under the relevant lease agreement and the *Conveyancing Act 1919* (NSW). The appellant contended that service by ordinary post was insufficient and that the notice should have been served personally or by registered post.

The Court of Appeal considered the wording of the lease agreement regarding service of notices and the provisions of section 167 of the *Conveyancing Act 1919* (NSW). The Court held that the lease agreement did not specify the method of service and that section 167 of the *Conveyancing Act 1919* (NSW) permitted service by ordinary post to the registered office of a company. Therefore, the notice of termination was validly served.

The appeal was dismissed.