Downer EDI Works Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2011] NSWCA 78

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Downer EDI Works Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2011] NSWCA 78 Hearing dates: 1 April 2011 Decision date: 01 April 2011 Before: Giles JA at 1; Hodgson JA at 37; Sackville AJA at 40. Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Building and construction - payment claim under Building and Construction Industry Security of Payment Act 1999 sent by facsimile - whether served in accordance with s 31(1)(c) by sending addressed to the person's ordinary place of business - multiple ordinary places of business - whether necessary that ordinary place of business be that with closest connection with relevant works - not necessary - Melbourne office was ordinary place of business. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Cases Cited: Emag Constructions Pty Ltd v Highrise Concrete Contractors (Aust) Pty Ltd [2003] NSWSC 903; Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259; Hall v Jones (1942) SR (NSW) 203; R v Young [1999] NSWCCA 166; (1999) 46 NSWLR 681; Taylor v Centennial Newstan Pty Ltd [2009] NSWCA 276; (2010) NSWLR 379; Taylor Projects Group Pty Ltd v Brick Dept Pty Ltd [2005] NSWSC 439; Tokyo Mart Pty Ltd v Campbell (1982) 15 NSWLR 275. Category: Principal judgment Parties: Downer EDI Works Pty Ltd (Formerly Works Infrastructure Pty Ltd) - Appellant Parsons Brinckerhoff Australia Pty Ltd - Respondent Representation: Counsel: G Inatey SC & D R Sibtain - Appellant S A Kerr SC - Respondent Solicitors: Blake Dawson - Appellant Norton Rose Australia - Respondent File Number(s): CA 2010/306867 Decision under appeal Citation: Parsons Brinckerhoff Australia Pty Ltd v Downer EDI Works Pty Ltd [2010] NSWSC 1295 Date of Decision: 2010-11-12 00:00:00 Before: Hammerschlag J File Number(s): 2010/00306867