Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2009] NSWCA 440

New South Wales Court of Appeal

CITATION: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2009] NSWCA 440

HEARING DATE(S): 11 December 2009

JUDGMENT DATE: 11 December 2009

JUDGMENT OF: Allsop P at 1

EX TEMPORE JUDGMENT DATE: 11 December 2009

DECISION: Notice of motion is dismissed. The question of costs to be stood over until the hearing of the appeal.

CATEGORY: Procedural and other rulings

PARTIES: Macquarie International Health Clinic Pty Ltd (Appellant)Sydney South West Area Health Service (Respondent)

FILE NUMBER(S): CA 2009/298398

COUNSEL: Mr M Einfeld QC, Mr R Dubler SC, Mr S Phillips (Appellant) Mr G Burton SC, Mr P Bruckner (Respondent)

SOLICITORS: S Moran & Co (Appellant) Bolzan & Dimitri (Respondent)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): SC 1790/00

LOWER COURT JUDICIAL OFFICER: Nicholas J

LOWER COURT DATE OF DECISION: 23 July, 2008, 7 July 2009

LOWER COURT MEDIUM NEUTRAL CITATION: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2008] NSWSC 738, Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2009] NSWSC 629

Judgment

1 ALLSOP P: Before me is a motion to separate out questions in the appeal. Alternatively, in February, to stage the appeal in such a way that a defined body of issues should be heard before the balance of the appeal. 2 I do not think any particularly detailed reasons need to be given for the course I propose to take, and I will keep the reasons to a minimum, but the underlying papers, if I may respectfully say so, helpfully put together by the parties, explain the contending arguments. 3 I have come to the view, not without some reluctance I should say, to dismiss the motion. 4 The reluctance is based on a prima facie view that there was some merit in attempting in a way that was not too risky to stage in tranches the hearing of what would otherwise be a significant factual appeal.