published June 8, 2010
LAMBTON Family Medical Centre owner Dr John Fluit is suing former tenants for more than $100,000 in damages, alleging they turned his surgery into a "demolition site".
The solicitor for Dr Fluit, Robert Ishak, said a statement of claim was being prepared, following the grant of an injunction by the Supreme Court for a civil lawsuit.
He said broken and damaged items included doors, cupboards, benches, sinks and taps. Some furnishings were also allegedly damaged or disposed of.
The case was mentioned in the civil list of the NSW Supreme Court yesterday.
The Elder Street centre closed abruptly on March 19.
The practice had been operated by Primary Health Care.
It has been alleged the damage was done soon after that point.
The lawsuit has been issued against Sidameneo (No 456) Pty Ltd. Corporate records show that Sidameneo No 456 is controlled by Primary Health Care.
A spokeswoman for Primary Health Care said the claims would be disputed.
"Dr John Fluit sold his practice to Symbion for a substantial sum of money, making Symbion Dr Fluit's tenant," she said.
"When Dr Fluit then decided not to renew Symbion's lease, as a good tenant, we attempted to complete our 'make good' obligations under the lease.
"Dr John Fluit has now allowed a new clinic to open on the premises, which must be in a reasonable condition, but is suing us for damages, which we deny. We believe with the new surgery now open, this is simply a vindictive gesture by Dr Fluit."
Mr Ishak rejected any suggestion of vindictiveness.
"Sidameneo's statement is misconceived for a number of reasons, one of which is that Dr Fluit spent $100,000 putting the surgery back to pre-demolition status."
The case will return to court on August 27.