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Public procurement – Public contracts. The Privy Council, in dismissing an appeal by the Central Tenders Board (the CTB) and the Attorney General of Montserrat, ruled that, notwithstanding a procedural defect in the respondent's application to tender, the CTB had had express statutory power and a discretion to accept it. Accordingly, the lower court's decision, upheld on appeal, that the CTB had breached a contract for the erection of a school hall by awarding it to, and then withdrawing it from, the respondent, would stand.
Public procurement – Public contracts. The Privy Council, in dismissing an appeal by the Central Tenders Board (the CTB) and the Attorney General of Montserrat, ruled that, notwithstanding a procedural defect in the respondent's application to tender, the CTB had had express statutory power and a discretion to accept it. Accordingly, the lower court's decision, upheld on appeal, that the CTB had breached a contract for the erection of a school hall by awarding it to, and then withdrawing it from, the respondent, would stand.
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