Macquarie International Health Clinic Pty Limited v Sydney Local Health Network [2011] NSWCA 231

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Macquarie International Health Clinic Pty Limited v Sydney Local Health Network [2011] NSWCA 231 Hearing dates: 1 August 2011 Decision date: 01 August 2011 Before: Hodgson JA Decision: Accordingly, to give effect to order 4(13) made on 13 December 2010, I give the following directions: (1) Macquarie to make the election referred to in order 4(13) promptly on being given accounting material kept by Area Health up to 22 February 2010, and similar material up to the present. (2) If the election is for an inquiry as to damages, the matter be listed before a judge of the Equity Division to determine the scope of discovery. (3) I also order that the costs of today's proceedings be costs in the inquiry. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Directions giving effect to final orders previously made. Category: Procedural and other rulings Parties: appellant: MACQUARIE INTERNATIONAL HEALTH CLINIC PTY LTD ACN 003 857 485 respondent/ cross-appellant: SYDNEY LOCAL HEALTH DISTRICT first cross-respondent: MACQUARIE HEALTH CORPORATION LIMITED second cross-respondent: Dr Thomas Richard WENKART Representation: appellant/ cross-respondents: R E Dubler SC respondent/ cross-appellant: G K Burton SC/ P K Bruckner appellant/ cross-respondents: S Moran & Co respondent/ cross-appellant: Bolzan & Dimitri File Number(s): 2009/298398; 2000/34949