The NSW Court of Appeal handed down its judgment on July 9 in relation to Healthscope Ltd.'s break fee proceedings against Symbion Health Limited. The Court of Appeal upheld the decision of the judge at first instance. Healthscope's appeal was dismissed with costs. Healthscope had claimed a $19.575 million break fee payable following its unsuccessful acquisition of the diagnostic businesses of Symbion Health Ltd. in 2007. An amount of $13.8 million, representing Healthscope's share of the anticipared break fee plus interest to June 30, 2008, was previously booked by Healthscope as a receivable. As a consequence of the Court of Appeal decision, this balance sheet item will be written off as a non-recurring item in the results for the year ending June 30, 2009.

Symbion Health Limited will be removed from the S&P/ASX 100 Index. Primary Health Care Ltd. has acquired in excess of 70% of shareholder acceptances, and declared its offer unconditional.

Symbion Health Limited will be removed from the S&P/ASX 200 Index. Primary Health Care Ltd. has acquired in excess of 70% of shareholder acceptances, and declared its offer unconditional.