The Court granted an interlocutory injunction restraining a gymnasium business from playing audible music and using weights (including medicine balls and kettlebells) during business hours in a strata complex where a neighbouring day hospital performed pain management and endoscopy procedures. The Court refused the defendants' proposed variation to narrow the restraints to specific zones and weights over 100kg, finding the variation lacked evidentiary basis and would continue to expose patients to health and safety risks. The Court applied the Hunt Leather framework for private nuisance at the interlocutory stage, finding a serious question to be tried as to substantial interference, while noting unresolved factual issues including whether a day hospital constituted an ordinary use of land in the relevant locality and whether the gymnasium's ameliorative steps satisfied the 'conveniently done' requirement. An expedited trial was ordered with directions for a judicial site inspection under O 34 r 7 RSC.
The full text is available to signed-in members, including the 1 later case that cites this judgment.