10Declarations and injunctions

10 Declarations and injunctions

(1)  If a relevant government agency has engaged, is engaging, or is proposing to engage, in conduct in contravention, in relation to a covered procurement, of an enforceable procurement provision, the Supreme Court may, on the application of a supplier whose interests are affected by the conduct or proposed conduct, declare that the conduct is or would be in contravention of the enforceable procurement provision.

(2)  If –

(a) a relevant government agency has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

(b) the refusal or failure is or would be conduct in contravention, in relation to a covered procurement, of an enforceable procurement provision –

the Supreme Court may, on the application of a supplier whose interests are affected by the refusal or failure, declare that the conduct is or would be in contravention of the enforceable procurement provision.

(3)  Pending determination of an application under subsection (1) or (2) in relation to a relevant government agency, the Supreme Court may grant an interlocutory or interim injunction restraining the agency from engaging or proposing to engage in conduct that is or would be in contravention of an enforceable procurement provision.

(4)  If the relevant government agency is not a corporation sole or body corporate, the interlocutory or interim injunction may be addressed to the accountable authority in relation to the agency.

(5)  The Supreme Court may discharge or vary an interlocutory or interim injunction granted by it under this section.