Macquarie International Health Clinic Pty Limited v Sydney Local Health Network

Macquarie International Health Clinic Pty Limited (Macquarie) and Sydney Local Health Network (Area Health) were parties to proceedings before Hodgson JA in the Court of Appeal of New South Wales. The dispute concerned directions to give effect to final orders previously made by the Court on 13 December 2010.

The primary legal issue before Hodgson JA was to determine the specific directions required to implement order 4(13) of the Court's earlier judgment. This involved clarifying the process for Macquarie to make an election and the subsequent steps depending on that election.

Hodgson JA reasoned that to give effect to the prior order, Macquarie needed to be provided with specific accounting materials from Area Health. Upon receipt of this material, Macquarie was to make a prompt election. The Court further directed that if Macquarie elected for an inquiry into damages, the matter was to be listed before a judge of the Equity Division for the purpose of determining the scope of discovery. The costs of the present proceedings were also ordered to be costs in the inquiry.