Malouf v AME Properties Pty Ltd [ 2007] FCA 1616

FEDERAL COURT OF AUSTRALIA

Malouf v AME Properties Pty Ltd [ 2007] FCA 1616 DR DAVID MALOUF & ORS v AME PROPERTIES PTY LIMITED NSD 2008 OF 2007 STONE J 12 OCTOBER 2007 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 2008 OF 2007

BETWEEN: DR DAVID MALOUF

FIRST APPLICANT

DR PETER ASLAN

SECOND APPLICANT

DR PAUL COZZI

THIRD APPLICANT

DR WILLIAM LYNCH

FOURTH APPLICANT

DR PETER NASH

FIFTH APPLICANT

AND: AME PROPERTIES PTY LIMITED trading as ST GEORGE PRIVATE HOSPITAL

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 12 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Upon the applicants, by their counsel, giving to the Court the usual undertaking as to damages, and until further order of the Court, 1. From Monday, 29 October 2007 to Sunday, 27 January 2008, except in the case of emergency or as otherwise agreed between the parties, and subject to there being no substantial change in the level of usage by the applicants, the respondent refrain from varying the schedule of operating theatre sessions at St George Private Hospital set out in Schedule A to these orders; and 2. Except in the case of emergency or as otherwise agreed between the parties, the respondent refrain from varying the arrangements that have been made for the applicants' use of the operating theatres at St George Private Hospital for the two weeks commencing 15 October 2007. 3. The costs of this application for interim relief be reserved. SCHEDULE A Surgeon Week 1 Week 2 Week 3 Week 4 Dr ASLAN Wed all day Wed all day Wed all day Wed all day Dr COZZI Tue AM Tue AM Tue AM Tue AM Wed all day Wed all day Wed all day Wed AM Dr LYNCH Tue PM Tue PM Tue PM Tue PM Thu AM Thu AM Thu AM Thu AM Fri AM Dr MALOUF Mon PM Mon PM Mon PM Mon PM Dr NASH Mon all day Mon all day Mon all day Mon all day Wed PM Wed PM