8 Jun 2012
ROADING & ASPHALT LIMITED V SOUTH WAIKATO DISTRICT COUNCIL HC HAM CIV 2010-463-473
- Citation
- openlaw-0df53e79_4c31_4123_9361_5d45dc6eb29c.pdf
- Court
- High Court
The Council breached the express terms of its tender process and an implied duty of fairness by evaluating tenders on undeclared criteria (net cost to ratepayer arising from waste diversion and landfill space savings) and by awarding the contract to a non-lowest tender; where a two-stage lowest price conforming method is adopted the authority, if it elects to award, must award to the lowest conforming tender; RAL proved on the balance of probabilities that it would have been awarded the two-year contract and sustained agreed loss of $330,634 plus GST.