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DML considers next steps

Media statement
For immediate release September 25 2008

DML considers next steps

Diagnostic Medlab is considering its next steps following the Appeal Court’s decision to overturn a High Court judgment concerning the awarding of a contract for the provision of community laboratory services for the Auckland region.

In March 2007, the High Court ruled that the three Auckland District Health Boards should not have awarded a contract for the provision of community laboratory services to a new provider, Labtests Auckland.

Labtests Auckland contested that judgment in the Court of Appeal in a hearing that was heard in May of this year. The Appeal Court has reversed the High Court decision.

“Naturally, we are disappointed with the Appeal Court decision,” said DML’s Chief Executive, Dr Arthur Morris. “While this is a set back, it is not the end of the matter”.

“We’ve yet to read the judgment in detail and we are taking further legal advice, but we are entitled to apply for leave to appeal to the Supreme Court. We are preparing to go to the Supreme Court.

“I know the decision will come as a blow to our loyal staff, the Auckland region’s primary care community and their patients.

“It has been their wonderful support that has encouraged us in a difficult and drawn-out matter.

“Their interests will be paramount in any decisions we make in the future.

“In the meantime, we will continue to provide quality community laboratory services to the people of the Auckland region,” Dr Morris said.


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