Perth Day Hospital and Fitness Cartel Osborne Park, which share a building in North Perth, are engaged in a legal battle over claims that loud music and vibrations from the gym are jeopardizing patient safety.
The dispute, which has been ongoing in the WA Supreme Court since May, centers on allegations that the gym's activities are causing significant disturbances within the hospital.
Hospital's Allegations
Lawyers for Perth Day Hospital have stated that the gym's "weight-dropping events" exceed noise regulations. According to reports, vibrations from these events have been strong enough to dislodge files from hospital shelves and cause an electric clock to fall to the floor. The hospital invested $16 million in November 2024 to refit its first floor, which now includes four operating theaters and consultation rooms for pain management and gastroenterology services.
Mental health professionals and surgeons in the hospital expressed concerns that the vibrations could potentially compromise surgeries. Perth Day Hospital secured an injunction in May to restrict the gym's operating hours.
Gym's Defense
Fitness Cartel Osborne Park, which underwent its own renovation and refitting with new bodybuilding equipment and studios by late 2025, argues that the building is not suitable for a day hospital. The gym's lawyer, Simon Davis, contended that the activities at the gym are not unusual for a fitness center and that the vibrations are a structural issue with the building itself, not solely attributable to Fitness Cartel.
Fitness Cartel has claimed that the injunction has forced it to partially close, resulting in approximately $14,450 in daily revenue loss. The gym also asserts that the legal action has damaged its reputation and customer trust, hindering membership growth. Despite the injunction, social media posts suggest the gym has continued some operations.
An attempt by the gym to modify the injunction to allow operations under new restrictions was denied. The case is ongoing.