Cubic Transportation Systems Inc v State of NSW & Ors [2001] NSWSC 1195

Cubic Transportation Systems Inc v State of NSW & Ors [2001] NSWSC 1195

There were serious issues to be tried about whether the tender process created contractual obligations and whether the Evaluation Committee was improperly influenced, particularly given the affidavit evidence of conversations and the defendants' limited evidence on probity. Despite delay by the plaintiff, the balance of convenience favoured interlocutory relief because the preferred tenderer's offer had been extended, no agreement was expected before early February 2002, and the plaintiff indicated its offer would be extended.

Jurisdiction
Australia
Judgment Date
21 December 2001
Procedural Posture
Application for Interlocutory Relief Concerning a Government Tendering Process / Interlocutory Application Before the Vacation Duty Judge
Outcome
Interlocutory relief granted until further order; defendants' application to re-open adjourned.
Legal Topics
['serious Question to Be Tried' 'balance of Convenience' 'tender Evaluation' 'alleged Improper Influence Upon Evaluation Committee' 'procedural Fairness' 'implied Term of Fair Dealing']
['administrative Law' 'contract Law' 'government Procurement and Tendering' 'interlocutory Injunctions'] ['serious Question to Be Tried' 'balance of Convenience' 'tender Evaluation' 'alleged Improper Influence Upon Evaluation Committee' 'procedural Fairness' 'implied Term of Fair Dealing']

Case Brief

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Procedural Posture

Application for Interlocutory Relief Concerning a Government Tendering Process / Interlocutory Application Before the Vacation Duty Judge

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the defendants owed and breached contractual obligations in the tendering process.' 'Whether there was a serious question to be tried that administrative law obligations or procedural fairness were breached by alleged improper influence upon the Evaluation Committee.' 'Whether the balance of convenience justified interlocutory relief restraining entry into a contract with Integrated Transit Solutions Limited.']

Ratio Decidendi

There were serious issues to be tried about whether the tender process created contractual obligations and whether the Evaluation Committee was improperly influenced, particularly given the affidavit evidence of conversations and the defendants' limited evidence on probity. Despite delay by the plaintiff, the balance of convenience favoured interlocutory relief because the preferred tenderer's offer had been extended, no agreement was expected before early February 2002, and the plaintiff indicated its offer would be extended.

Court Disposition

Interlocutory relief granted until further order; defendants' application to re-open adjourned.

Orders

  • ['An order that, until further order, the first and second defendants be restrained by themselves, their officers, servants and agents, from entering into any contract with Integrated Transit Solutions Limited, or any related party of Integrated Transit Solutions Limited, for an Integrated Ticketing System as...