西澳最高法院法官近日裁定驳回Perth Day Hospital对Osborne Park健身房Fitness Cartel的噪音投诉诉讼[1]。该医院在2024年6月向最高法院提起诉讼，声称健身房自去年11月开业后产生的噪音和震动影响其医疗程序[1]。
法官裁定健身房产生的最严重掉重噪音超过法规标准5至15分贝[1]，但认定这种用途属于该地块的"常见和普通"使用方式[1]。法官的判决逻辑是，既然健身房是该建筑的合理用途，医院不应首先搬入该地址[1]。医院律师Martin Bennett辩称"这不是过度敏感的情况"[1]，而防卫律师Simon Davis则指出"该建筑过去是运动中心，有很多健身房"[1]。
这场诉讼源于医院投入1600万美元的翻新工程[1]，而健身房因诉讼期间的限制条件损失约15000美元[1]。医院可能需要承担高额的法律费用和赔偿责任[1]。
A Western Australian Supreme Court judge has ruled in favor of Fitness Cartel, rejecting noise complaints lodged by Perth Day Hospital against the gym located in the same building. Justice Michael Lundberg determined that the gym represents a common and ordinary use for the property and that the hospital should not have relocated to the building if it was incompatible with such tenants. [1]
The dispute began shortly after Fitness Cartel opened in November, when Perth Day Hospital filed legal action in June 2024, arguing that noise and vibrations from the gym were interfering with its medical procedures. [1] Although testing revealed that the most severe weight-dropping noise exceeded regulations by 5 to 15 decibels, the judge dismissed the hospital's claims. [1] The hospital's legal team, represented by Martin Bennett, contended this was not a case of excessive sensitivity, while the gym's defense counsel Simon Davis noted that the building had previously operated as a sports center with multiple fitness facilities. [1]
The outcome carries significant financial consequences for both parties. Perth Day Hospital faces potential liability for substantial legal costs and damages following its $16 million renovation investment, while Fitness Cartel suffered losses of $15,000 due to operating restrictions during the dispute. [1]