EU Public Procurement Law: Second Edition (Elgar European

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The High Court’s decision on this aspect is disappointing as it will extend the scope of the shield to contracting parties. the reasoning of the Full Court is clearly preferable to that of the High Court for the reasons discussed above. 99. 173 Kirby J agreed in substance with this aspect of the decision.174 They suggested it was “more appropriate to ask whether it was intended that [legislation] should regulate the conduct of members.180 suggest a pragmatic and more flexible approach to the doctrine: one that concentrates more upon the effect upon governmental interests. above n 1 at para 42. 180 Ibid at paras 16 to 17. and that the authority of Bradken itself in this context should be re-opened. inter alia. 172 Section 75B(1) refers to the scope of the remedies available under s 82. the majority commented that the shield of the Crown issue was a misleading one in the context of inter-State relations. but unclear that the comments of the majority about the shield of the Crown doctrine.

Pages: 544

Publisher: Edward Elgar Pub; 2 Revised edition (December 31, 2013)

ISBN: 1781008930

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