The NSW Supreme Court has rejected Healthscope's [ASX: HSP] appeal for a break free from Symbion Health.

Healthscope, a private hospital operator which also owns some pathology businesses, had argued that pathology specialist Symbion should pay the company $19.5 million after reneging on a deal which would have seen Healthscope acquire Symbion's diagnostics business.

The court ordered that the break fee was not required. Healthscope is planning to lodge an appeal with the NSW Court of Appeal.