Australian Granodiorite Ltd v Devex Ltd

In *Australian Granodiorite Ltd v Devex Ltd*, the New South Wales Court of Appeal considered a dispute between Australian Granodiorite Ltd (the appellant) and Devex Ltd (the respondent) concerning a contract for the supply of granodiorite.

The central legal issue before the Court of Appeal was whether the respondent had repudiated the contract by failing to take delivery of the granodiorite within the agreed timeframe, thereby entitling the appellant to terminate the contract and claim damages.

The Court of Appeal examined the terms of the contract and the conduct of the parties. It applied the principles of contract law relating to repudiation, considering whether the respondent's conduct evinced an intention no longer to be bound by the contract or to fulfil its essential obligations. The Court found that the respondent's failure to take delivery, despite repeated requests and opportunities, amounted to a repudiation of the contract.

Consequently, the Court of Appeal held that the appellant was entitled to accept the repudiation, terminate the contract, and claim damages for the loss suffered as a result of the respondent's breach.