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A row over noise between an Osborne Park day hospital and a gym has landed in court, with a judge forcing the temporary closure of the fitness centre ahead of a trial next month.
Perth Day Hospital filed a statement of claim in the Supreme Court of WA against Fitness Cartel on June 4, alleging that since the gym opened last November, it had caused excessive noise both from the sound of music and dropped weights, which reverberates through the ceiling of the hospital.
The two businesses share a building at 454 Scarborough Beach Road, with the fitness centre located above the hospital.
In publicly released documents, Perth Day Hospital claims it experiences repeated “vibrations” immediately above or near treatment areas “caused by heavier weights being dropped”.
The hospital has been fitted out at an approximate cost of $16 million and offers endoscopy and pain management procedures that involve “the insertion of needles into the spine or nerves of patients”.
Fitness Cartel describes itself as “a complete health and wellness destination” that includes a functional training zone and Hyrox studio.
It opened its doors in November and complaints about the noise began soon after.
Lawyers for the hospital took the matter to court last month, calling an urgent hearing on May 29 “to impose interim restraints on the defendants, on an urgent basis”.
They had allegedly repeatedly tried to settle the matter with the gym owners by emailing them regarding the constant vibration, which they claimed was “unacceptable” and impacting their business.
They also employed a “vibration expert” to compile a report on the impact of the noise.
The hospital was due to open its doors officially on June 2, with its owners claiming there would be a risk of cancelled surgeries and delayed treatment for patients if the noise persisted past that date.
So they sought – and were granted – an urgent injunction that limited the gym’s activities between 6.30am and 8pm to low music and prohibited of the use of weights including medicine balls and kettlebells.
Two days later, the gym went back to court asking for a modification of the orders, claiming that the business had been forced to shut as a result of the restrictions at a loss of almost $15,000.
They also argued there would be “reputational damage, reduced member confidence, a loss of referrals for new members and a decline in future membership growth stemming from the closure.
The gym’s primary use is for weight lifting and bodybuilding.
They asked for the restrictions be placed on weights over 100 kilograms only, and for them to be confined to one specific area of the gym’s premises.
But after the court was allegedly presented with evidence that the gym was still operational during the restrictions, Justice Michael Lundberg refused their request and instead brought a trial between the pair forward.
He also agreed to visit the Osborne Park property personally on day one of the trial, which begins on July 13.
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