Berkley Cleaning Group Pty Ltd v Capital Territory Health Commission & ors [1985] FCA 389

Berkley Cleaning Group Pty Ltd v Capital Territory Health Commission & ors [1985] FCA 389

The exclusion of Berkeley's tender was justified because the tender, as originally submitted, did not make clear the work being offered for the stated price, and the clarification was not provided until after the closing date for tenders; thus, the Authority was entitled to exclude the tender from consideration and award the contract to Limro.

Parties
Applicant: Berkeley Cleaning Group Pty. Limited; First Respondent: Capital Territory Health Commission; Second Respondent: Limro Pty. Limited
Jurisdiction
Australia
Judgment Date
14 August 1985
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Government Tenders, Tender Evaluation, Contract Award, Reviewable Decisions, Compliance With Specifications
Administrative Law Judicial Review Government Tenders Tender Evaluation Contract Award Reviewable Decisions Compliance With Specifications

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Parties

Berkeley Cleaning Group Pty. Limited

Applicant

Capital Territory Health Commission

First Respondent

Limro Pty. Limited

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision to exclude Berkeley's tender from consideration was invalid
  2. 2 Whether the decision to award the contract to Limro was invalid

Ratio Decidendi

The exclusion of Berkeley's tender was justified because the tender, as originally submitted, did not make clear the work being offered for the stated price, and the clarification was not provided until after the closing date for tenders; thus, the Authority was entitled to exclude the tender from consideration and award the contract to Limro.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Question of costs reserved