12Determination of application for declaration where alternative remedy of compensation applied for

12 Determination of application for declaration where alternative remedy of compensation applied for

(1)  Subsection (2) applies to an application under section 10 to the Supreme Court for a declaration made by a supplier in respect of a contravention, or a proposed contravention, in relation to a covered procurement, if –

(a) the supplier has made an application for an order under section 14 in relation to the contravention or proposed contravention; and

(b) there is a public interest certificate in relation to the procurement; and

(c) the procurement has not reached the stage where a contract, or other arrangement, in relation to the covered procurement has been entered into with a supplier.

(2)  If this subsection applies to an application in respect of a contravention, or a proposed contravention, in relation to a covered procurement, the Supreme Court must consider –

(a) whether the issue of the declaration, or the grant of an interlocutory or interim injunction, would result in a significant delay to the covered procurement; and

(b) if so, whether the making of an order under section 14(1) in relation to the contravention would be a more appropriate remedy for the contravention, or proposed contravention, than the issue of the declaration.

(3)  If the Supreme Court, after considering under subsection (2) whether the making of an order under section 14(1) in relation to the contravention, or proposed contravention, in respect of which an application under that section is made would be a more appropriate remedy for the contravention or proposed contravention than the issue of the declaration to which the application relates, is satisfied that –

(a) the issue of the declaration, or the grant of an interlocutory or interim injunction, would result in a significant delay to the procurement to which the contravention, or proposed contravention, relates; and

(b) the making of an order under section 14(1) in relation to the contravention would be a more appropriate remedy for the contravention, or proposed contravention, than the issue of the declaration –