Technology is becoming increasingly popular and dominant, and
individuals and businesses now rely on email as a main form of
communication. However, can an email be a valid method of serving a
notice under a legal contract? This issue was recently considered
by the Supreme Court of NSW in
Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357.
Facts
This case relates to the exercise of an option to renew a
commercial lease. The lease relevantly granted the tenant an option
to renew for an additional 5 year period subject to the tenant
giving the landlord notice no less than six months before the
expiration of the initial term.
However, the lease also provided that any notice must be
addressed to the landlord and would be "sufficiently served if
it was served personally, sent to the lessor's facsimile number
or sent by prepaid post". Importantly, this section did not
allow for notices to be served by email.
