ACT Land Developments Pty Limited & Ors v CSR Limited trading as The Readymix Group

ACT Land Developments Pty Limited and two individuals, Ross Joseph Lentini and Dominic Anthony Lentini, sought special leave to appeal to the High Court of Australia against a decision of the Federal Court. The dispute concerned an agreement for the sale and delivery of concrete by CSR Limited, trading as The Readymix Group, to the applicants. The applicants contended that the concrete supplied did not conform to an express or implied term of the agreement, specifically regarding the type of cement used.

The central legal issue before the High Court was whether a particular ground of defence, which alleged a breach of an express or implied term requiring the supply of concrete with SAA Type A Portland cement, was material to the application for special leave. This ground of defence had been raised in the proceedings, and its status and relevance were being considered in the context of the appeal.

The applicants argued that there was a material difference between Portland A cement and slag cement, and that the respondent had supplied concrete containing slag cement without notification. This, they submitted, constituted a breach of the agreement. The applicants' legal team acknowledged that the precise filing of an amended defence containing this specific ground was uncertain, but submitted that the substance of the defence was adequately represented by another ground that had been filed and was considered in the Federal Court appeal. They contended that this defence, even if not formally filed in its most precise form, was material to the application for special leave.