Why USB service is not good service for the purpose of Security of Payment

In the pressured context of the Building and Construction Industry Security of Payment Act 1999 (SOPA), every hour counts. The temptation is to meet SOPA's time limits by providing documents on a Universal Serial Bus, that is, a USB - the ubiquitous 'memory stick'. But is this good service for the purpose of SOPA?

In Parkview Constructions Pty Ltd v Total Lifestyle Windows Pty Ltd t/as Total Concept Group¹ (Parkview v Total Lifestyle) the NSW Supreme Court (the Court) held at first instance that provision of an adjudication application to the respondent by means of a USB, without more, was not proper service.

THE FACTS OF THE CASE

Parkview engaged Total Lifestyle to design, supply and install glazed windows and doors. Total made an adjudication application. The adjudicator determined that Parkview had to pay Total.