Lovegrove Turf Services Pty Ltd v Minister for Education

In Lovegrove Turf Services Pty Ltd v Minister for Education, the Supreme Court of Western Australia granted an interlocutory injunction to the plaintiffs, Lovegrove Turf Services Pty Ltd and D & E Parker Pty Ltd, restraining the Minister for Education from advertising or awarding certain tenders for lawn-mowing services at government schools. The plaintiffs sought the injunction pending judgment in the action. The main legal issues before the court were whether there was a serious question to be tried, whether damages would be an adequate remedy, and whether the balance of convenience favoured the granting of the injunction.

The court found that there was a serious question to be tried based on the plaintiffs' three alternative causes of action: breach of contract, failure to accord procedural fairness, and administrative review of the exercise of the power to recall the tender. The court held that there was a reasonable argument that the decision to recall the tender was not reasonably based and could constitute a breach of the duty of fairness owed by government agencies.

As to damages, the court found that damages would not be an adequate remedy in this case because the plaintiffs would suffer irreparable injury for which damages would not be an adequate compensation, particularly in quantifying the loss of the contracts and the consequential losses. Finally, the court found that the balance of convenience favoured the granting of the injunction because the plaintiffs would suffer the detriment of no longer being remunerated for providing the services and consequential losses to their respective businesses if the injunction was not granted.

In conclusion, the court granted the interlocutory injunction sought by the plaintiffs, restraining the Minister for Education from advertising or awarding certain tenders to any party other than the plaintiffs pending judgment in the action. The court also sought an undertaking from the plaintiffs that the action be formally expedited.