New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 170

170 Service of notices

(1) Any notice required or authorised by this Act to be served shall be in writing, and shall be sufficiently served--

(a) if delivered personally,

(b) if left at or sent by post to the last known residential or business address in or out of New South Wales of the person to be served,

(b1) in the case of a mortgagor in possession or a lessee, if left at or sent by post to any occupied house or building comprised in the mortgage or lease,

(b2) in the case of a mining lease, if left at or sent by post to the office of the mine,

(c) if delivered to the facilities of a document exchange of which the person on whom it is to be served is a member, or

(d) in such manner as the Court may direct, or

(e) if emailed to an email address specified by the person to be served for the service of notices of that kind, or

(f) if sent by facsimile transmission to a facsimile number specified by the person to be served for the service of notices of that kind, or

(g) if served in any other manner authorised by the regulations for the service of notices of that kind.

(1A) In the case of service by delivery to the facilities of a document exchange, the notice is, unless the contrary is proved, to be taken to have been served on the second business day following the day of delivery of the notice to those facilities.

(2) Any notice required or authorised by this Act to be served on a lessee or mortgagor shall, if served otherwise than by post, be sufficient although addressed to the lessee or mortgagor by that designation only, without the name of the lessee or mortgagor, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.

(2A) The provisions of this section extend to notices required to be served by any instrument affecting property (including any dealing under the Real Property Act 1900 ) executed, made or coming into operation after the commencement of the Conveyancing (Amendment) Act 1930 , unless a contrary intention appears in the instrument or dealing or in the Real Property Act 1900 .

(3) This section does not apply to notices served in proceedings in any court.

(4) This section applies only if and so far as a contrary intention is not expressed in any instrument, and shall have effect subject to the provisions of such instrument.

(5) In this section,
"business day" means any day except Saturday or Sunday or a day that is a public or bank holiday throughout the State.