29 Jan 2024
PEREMBUN (M) SDN BHD PUTRAJAYA HOLDINGS SDN BHD
- Citation
- WA-22C-94-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-94-09/2020 (Mahkamah Tinggi)
On the facts the Defendant conducted the three‑stage tender evaluation in accordance with the Project Briefing Invitation to Bid; the financial capability benchmarks used were not disclosed but this did not render the process arbitrary or conceal a criterion insofar as all tenderers had opportunity to seek clarifications; Plaintiff failed the Financial Capability Criteria and its commercial envelope was lawfully not opened; Plaintiff's delay of over five years prejudiced the Defendant and laches bars relief; no implied/collateral contract or legitimate expectation arose to obligate acceptance…