When considering whether it is 'just' to grant leave to bring proceedings out of time under s 47A(3)(b) of the Limitation Act 1935 (WA), the court will consider whether it is clear the applicant has no case; if the applicant demonstrates a fairly arguable cause of action and no other injustice is identified, leave should be granted. A tender process contract may be breached where the lowest tender is rejected on a basis not contemplated by the conditions of tendering, such as requiring a more detailed construction program than the tender conditions specified.
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