Page v Healthscope Operations Pty Ltd [2016] NSWSC 1608

Supreme Court New South Wales

Medium Neutral Citation: Page v Healthscope Operations Pty Ltd [2016] NSWSC 1608 Hearing dates: 01 November 2016 Date of orders: 16 November 2016 Decision date: 16 November 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Separate Questions are answered as follows: Question 1: No Question 2: The answer to Question 1 being in the negative, Question 2 requires no answer.

(2) The Amended Statement of Claim filed on 8 July 2016 is dismissed.

(3) Costs in favour of the defendant. Catchwords: PRACTICE AND PROCEDURE – motion seeking the determination of separate questions – r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) – separate determination agreed by parties

CONTRACT – construction of contract – grant of accreditation – whether obligations imposed by By-Laws constitute consideration Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 82 CLR 424 Beaton v McDivitt (1987) 13 NSWLR 162 Le Mans Grand Prix Circuits v Illiadis [1998] 4 VR 661 Pisano v Health Solutions (WA) Pty Ltd [2014] WASC 356 Ryan v Textile, Clothing & Footwear Union of Australia [1996] 2 VR 235; (1996) 66 IR 258; (1966) 130 FLR 313 Sklavos v Australasian College of Dermatologists [2016] FCA 179 Vroon BV v Foster's Brewing Group Ltd [1994] 2 VR 32 Category: Principal judgment Parties: David Page (Plaintiff) Healthscope Operations Pty Ltd (Defendant) Representation: Counsel: I Neil SC, with P Moorhouse (Plaintiff) M A Ashhurst SC, with S B Docker (Defendant)