Problem:
The Central Electricity Board has invited bids for the study, construction and design of a power facility. Mega Top Company Ltd tendered a bid, but by way of a letter dated 05 February 2008, it was informed that its bid was unsuccessful. Mega Top Company Ltd learned on the similar day that its rival company was awarded the bid notwithstanding the fact that its bid did not comply with the requirements laid down by the Central Electricity Board. On 09 May 2008, after its board meeting, Mega Top Company Ltd decides to lodge a judicial review action to challenge the decision of the Central Electricity Board.
Question1. What are the main considerations which the court will take in account in deciding whether leave must be granted to Mega Top Company Ltd?