Federal Court of Australia
CATCHWORDS Administrative law - judicial review - cleaning contract at hospital - call for tenders - tender
submitted inaccurately stated tenderer's offer - review of tender - tender excluded from consideration - higher tender accepted - whether decision to exclude
tender invalid
Administrative Decisions (Judicial Review) Act 1977, s.5
Audit Act 1901, s.63F
BERKELEY CLEANING GROUP PTY. LIMITED Vv CAPITAL
TERRITORY HEALTH COMMISSION and LIMRO PTY. LIMITED
No. G 363 of 1984
Morling J 14 August 1985
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G363 of 1984
Ne ee
GENERAL DIVISION
BETWEEN : BERKELEY CLEANING GROUP PLY. LIMITED Applicant AND: CAPITAL TERRITORY HEALTH COMMISSION
First Respondent
AND: LIMRO PTY. LIMITED
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Morling J.
DATE OF ORDER : 14 August 1985
WHERE MADE : Sydney
THE COURT ORDERS AS FOLLOWS :
1. Application dismissed.
2. Question of costs reserved.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G363 of 1984
GENERAL DIVISION
BETWEEN: BERKELEY CLEANING GROUP PTY. LIMITED Applicant AND: CAPITAL TERRITORY HEALTH COMMISSTON
First Respondent AND: LIMRO PTY. LIMITED
Second Respondent
MORLING J. 14 August 1985
REASONS FOR JUDGMENT
In July 1984 the Capital Territory Health Commission (whose name has since been changed to Capital Territory Health Authority) invited tenders for the provision of cleaning services for the Woden Valley Hospital. Berkeley Cleaning Group Pty. Limited ("Berkeley") submitted a tender but did not succeed in obtaining the contract. The contract was awarded to Limro Pty. Limited ("Limro"). Thereupon Berkeley applied to the Court under the provisions of the Administrative
Decisions (Judicial Review) Act 1977 for a review of the
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