Paramedical Services Pty Ltd v Ambulance Service of New South Wales [1999] FCA 548

FEDERAL COURT OF AUSTRALIA

Paramedical Services Pty Ltd v Ambulance Service of New South Wales [1999] FCA 548

MISLEADING AND DECEPTIVE CONDUCT – No question of principle PARAMEDICAL SERVICES PTY LTD v THE AMBULANCE SERVICE OF NEW SOUTH WALES

NG532 OF 1997 HELY J SYDNEY 5 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 532 OF 1997

BETWEEN: PARAMEDICAL SERVICES PTY LTD

Applicant

AND: THE AMBULANCE SERVICE OF NEW SOUTH WALES

Respondent

JUDGE: HELY J

DATE OF ORDER: 5 MAY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 532 OF 1997

BETWEEN: PARAMEDICAL SERVICES PTY LTD

Applicant

AND: THE AMBULANCE SERVICE OF NEW SOUTH WALES

Respondent

JUDGE: HELY J

DATE: 5 MAY 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 Garry Mikhail and Peter Mangles commenced work as ambulance officers employed by the respondent, in 1980 and 1984 respectively. Each rose to the level of Paramedic – Level 5 - the highest level of training in the Ambulance Service. 2 The applicant was incorporated on 20 November 1991. Garry Mikhail is its managing director. I infer, although the evidence is not explicit on the point, that the applicant was formed by Messrs Mikhail and Mangles, or at least, by Mr Mikhail. 3 Since its formation, the applicant has been involved in the areas of training in first aid and advanced pre-hospital care, and has also been involved in the provision of paramedical and ambulance services at sporting and recreational events. Messrs Mikhail and Mangles were engaged in casual part-time employment with the applicant whilst they were ambulance officers employed by the respondent. Whilst that employment was undertaken with the consent of officers of the respondent, ultimately it gave rise to the expression of some concerns. 4 On 13 July 1993 a meeting was held between, amongst others, Mr McLachlan and Mr Webster of the respondent, and Mr Mikhail. At that meeting concerns were expressed that Mr Mikhail, in his activities in relation to the applicant, was tendering for business in competition with the respondent. 5 In the result, Garry Mikhail resigned from the respondent on 18 July 1993. Peter Mangles resigned from the respondent on 23 August 1993. From about late in 1993 the applicant commenced providing ambulance and paramedical services to the sporting community by the provision of on-site ambulances and paramedical services at sporting venues. The applicant purchased its first ambulance in late 1994, and a second ambulance in June 1996.