Overview
The High Court handed down the first judgment on the test for lifting an automatic suspension under the Procurement Act 2023. The court refused to lift the suspension and confirmed that Section 102 of the Procurement Act 2023 introduces a substantively different test from the previous American Cyanamid approach. The key shift is that adequacy of damages is no longer decisive. Contracting authorities seeking to proceed with contract award will need clear evidence that lifting the suspension serves the public interest, not merely that the new contract is preferred or commercially beneficial.
