Read the full judgment text of HCCT44/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 March 2006 before Hon Burrell J.
Construction contract tender dispute — Pricing condition SCT-2 requiring the price of the Central Wanchai Bypass (CWB) works to be at least 33.7% of the total price — Whether SCT-2 is mandatory or confers discretion — Court held SCT-2 confers discretion due to use of 'may' allowing acceptance of non-compliant tenders. Awarding contract to Leightons, non-compliant with SCT-2, was lawful. Tender process contract principles applied as per Blackpool & Fylde Aero Club v Blackpool Borough Council. WTO GPA Article XIII compliance considered; no breach found as pricing condition not essential requirement. Implied terms of equal and fair treatment upheld; defendant properly considered tenders. Note C1 on bid challenges did not form part of the contract, so no breach found regarding refusal to meet. Review Body on Bid Challenges findings are non-binding and differ from court framework. Claim dismissed with costs order nisi. Appeal dismissed (CACV138/2006).
Legal issues: Construction of clause SCT-2 pricing condition · Compliance with Article XIII of WTO GPA · Breach of implied terms on fair treatment of tenders · Whether Note C1 of Notes to Tenderers formed part of the contract and was breached
Outcome: China Harbour’s claim dismissed
Cited by 1 case