Read the full judgment text of CACV 138/2006 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 23 January 2007 before Hon Le Pichon JA, Sakhrani J, A Cheung J.
Tender and contract law — Construction of tender documents — Pricing condition SCT 2 requiring minimum pricing proportion for part of works — Whether failure to comply constitutes mandatory disqualification or discretionary invalidation — Court holds SCT 2 grants discretion to invalidate non-compliant tenders but compliance not mandatory condition to be treated as non-conforming — Other tenders failing the pricing proportion but not invalidated were conforming tenders — Government acted within discretion in awarding contract to highest scoring tender not complying with SCT 2 pricing — Tender evaluation principles — Effect of 'may' versus 'shall' in contractual conditions — Appeal against dismissal of claim for breach of contract by tenderer failed — Costs ordered for defendant.
Legal issues: True construction of SCT 2 regarding pricing condition
Outcome: Appeal dismissed
Cited by 1 case