By Paul Emanuelli

In its June 2017 decision in The Rintoul Group Limited v. Far North District Council, the High Court of New Zealand awarded lost profits against a municipality after finding that it improperly rejected the plaintiff’s bid. The case dealt with multiple tender calls for the expansion of a national cycling trail. The low bidder was rejected for allegedly submitting inaccurate past project information regarding timely and on-budget performance. The court found that the tender call contained no express rules for such a disqualification and that there was no implied right to disqualify on that basis. It also found that no misrepresentations were made and awarded lost profits to the rejected bidder.