NSW Caselaw
New South Wales Court of Appeal
CITATION: Healthscope Limited v Symbion Health Limited [2009] NSWCA 191
HEARING DATE(S): 9 June 2009
JUDGMENT DATE: 9 July 2009
JUDGMENT OF: Allsop P at 1; Giles JA at 2; Young JA at 62
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS - agreement on payment of "break fee" in certain events - some events involved an announcement "prior to the date of" a meeting - meeting convened but not held - whether contract meant the date for which the meeting was convened or the date on which it was held - construction of one-off provisions - no question of principle.
CATEGORY: Principal judgment
CASES CITED: Idameneo (No 123) Pty Ltd v Symbion Health Ltd [2007] FCA 1823; (2007) 165 FCR 19.
PARTIES: Healthscope Limited - Appellant Symbion Health Limited - Respondent
FILE NUMBER(S): CA 40310/08
COUNSEL: B W Walker SC & J R J Lockhart - Appellant T F Bathurst QC & S M Nixon - Respondent
SOLICITORS: Allens Arthur Robinson - Appellant Mallesons Stephen Jaques - Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 50025/08
LOWER COURT JUDICIAL OFFICER: Hammerschlag J
LOWER COURT DATE OF DECISION: 1 September 2008
LOWER COURT MEDIUM NEUTRAL CITATION: Healthscope Limited v Symbion Health Limited [2008] NSWSC 893
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40310/08 SC 50025/08
ALLSOP P GILES JA YOUNG JA
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