Contract, Injunctive Relief, Damages, Evidence

The case concerned details related to the implementation of the Plaines Wilhems Sewerage Project, which concerned the transport, treatment and disposal of wastewater affecting a substantial percentage of the population. The objectives were to reverse the trend of wastewater pollution of the island and its coastal zones and to improve health and sanitation conditions.

The Wastewater Management Authority was responsible for the wastewater sector in Mauritius, and managed and controlled the implementation of the project. Before the start of the implementation, the Authority invited proposals for a contract for consultancy services in connection to the project. The applicant in the case submitted one such proposal but was not chosen.

For several reasons, the applicant meant that it had been unfairly eliminated from winning the contract and that the other proposals had deficits such as not being for the public best and being of bad quality.

Since it was of great interest that the project was continued promptly due to environment and health considerations, the Court found that the balance of convenience was overwhelmingly in favour of completing the project immediately undisrupted by an injunction. Thus, the application was set aside.