Pharmacy Daily | Guild ordered to pay Ramsay costs

THE Pharmacy Guild of Australia has been ordered to pay Ramsay Health Care's costs following the dismissal of its case against the Australian Securities Exchange-listed business was dismissed (PD 20 Aug).

The Supreme Court of NSW rejected the Guild's request for a reduction in the costs it should be required to pay, as the court had not ruled on two of three elements of the original case.

The Guild and its co-plaintiffs, the owners of Priceline Pharmacy Nowra, South Grafton and Coady's Pharmacy, claimed Ramsay had broken ownership laws, with the Court ruling it was inappropriate to hear the case because this was a criminal, not a civil matter, dismissing the case.

On Thu 17 Oct, the court issued orders relating to costs, noting that Ramsay did not seek any order beyond the usual order as to costs, however the Guild submitted that "an appropriate order would be that they pay 50% of the defendant's costs on the agreed ordinary basis".

The Guild claimed that it was apparent from the reasons for judgment that the issues around standing and abuse of process would have been determined in its favour.

In its submission relating to costs, Ramsay said it would not be possible to say that the issues upon which it did not succeed were clearly definable or severable.

The court noted that there was no evidence for the 50% reduction.

Supreme Court of NSW Equity Division Chief Judge, Justice Julie Ward, noted that "the question of apportionment is very much a matter of discretion for the trial judge...mathematical precision is illusory and the exercise of the discretion will often depend upon matters of impression and evaluation".

"Therefore, had I concluded that apportionment of costs as between particular issues was warranted in the present case, there might be much to be said for an approach of the kind suggested here by the plaintiff," Justice Ward said.

"That said...I do not consider that such an order is warranted and accordingly I make the following order, which will now dispose of the proceedings order that the plaintiffs pay the defendants' costs of the proceedings on the ordinary basis."