National Mutual Life Association of Australasia Ltd v Godrich [1909] HCA 93

am TURGSION1

REPORTS OF CASES

DETERMINED IN THR

HIGH COURT OF AUSTRALIA

1909-10.

(HIGH COURT OF AUSTRALIA.]

NATIONAL MUTUAL LIFE aergpmeretent" APPELLANTS ;

OF AUSTRALASIA LTD. F . = DEFENDANTS, AND OD RORY fee 4, " : .'. 74 RESPONDENT.

PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF

VICTORIA. HE (ol Gr,

1909.

Evidence — Admissibility — Privilege — Medical man and patient —"' Information — —~ acquired "—Evidence Act 1890 (Vict.) (No. 1088), sec. 55. MeLBouRNE, Feb, 22, 23,

Fs = zo 48 ici 245 Sec. 55 of the Evidence Act 1890 (Vict.) provides that :—'No physician or 4/743 5)

surgeon shall without the consent of his patient divulge in any civil suit action or proceeding (unless the sanity of the patient be the matter in dispute) Griffith C.J.,

suy information which he may have acquired in attending the patient and o'toser, which was necessary to enable him to prescribe or act for the patient." means.

VOL. X. 1

re)

H. C. or A, 1909. ~~

NatIoNaL

Morvan Lire

ASSOCIATION

or AUSTRAL-

asta Lirp, v Gopricn,

HIGH COURT (1908,

Held, that the prohibition in that section extends to anything which comes to the knowledge of the physician or surgeon with regard to the health or physical condition of the patient, as well as anything said by the patient to him, while the relationship of medical adviser and patient continues, provided that it was reasonably necessary for the purpose stated.

Warnecke v. Bquitable Life Assurance Society of the United States, (1906) V.L.R., 482; 27 A.L.'T., 236, approved.

Held, further (by Barton, O'Connor, Isaacs and Higgins JJ.), that the pro- hibition does not cease upon a prescription being given or an operation being undertaken, but extends at least to all information acquired until the profes- sional attendance on the patient is at an end, provided the information is material to proper treatment.