Judicial scrutiny

High Court did not sit as a court of appeal in relation to the terms and conditions of tender but merely reviewed the manner in which the decision was made

Terms of the invitation to tender could not be open to judicial scrutiny because the invitation to tender was in the realm of a contract

Normally, decision to accept the tender or award the contract was reached through a process of negotiation and deliberations through several tiers

More often than not, such decisions were made qualitatively by experts and the government was free to settle the terms of the contract with the parties

In such cases, if the terms and conditions of the contract were not suited to a party, they need not participate in the tender process or accept the contract

State could fix its own terms of invitation to tender and those terms were generally not open to judicial scrutiny

Court could examine the decision making process and interfere if it was found tainted with mala fides or was arbitrary.