19 Nov 2013
SOUTH WAIKATO DISTRICT COUNCIL V ROADING AND ASPHALT LTD CA398/2012 [2013] NZCA 566
- Citation
- [2013] NZCA 566
- Court
- Court of Appeal
The Court of Appeal held that on the true construction of the specific tender documents the Council had reserved a legitimate discretion at Stage Two to evaluate the price attribute (including consideration of waste diversion benefits) and to accept a tender other than the lowest; on the facts the Council did not breach any implied duty to act fairly nor engage in misleading or deceptive conduct, so the High Court judgment awarding damages to RAL was set aside and judgment entered for the Council.