Click to Serve: When a Download Link Isn’t Enough

Reward Interiors Pty Ltd t/s Reward Group v Tackelly No 8 Pty Ltd atf Tackelly No 8 Trust [2026] NSWCA 133

FACTS

Tackelly engaged Reward Interiors to carry out design and construction works for a hotel renovation in Perth.

Reward Interiors served a payment claim under the Building and Construction Industry (Security of Payment) Act 2021 (WA)(SOPA) and a subsequent adjudication determination found in its favour. Tackelly then made an application on 2 December 2024 for a review of that adjudication determination.

The application for review was served on Reward Interiors by sending an email containing a link to download the files. Reward Interiors received the email on the same day, but for practical reasons did not access the download link until 4 December.

The adjudicator determined that the application had not been served within the permitted one-business-day time limit and so he did not have jurisdiction. Tackelly applied to the NSW Supreme Court to have the review determination set aside.

ISSUE

Is strict compliance with the service requirements set out in the Security of Payments act necessary to give an adjudicator jurisdiction to decide a claim?

FINDING…