NSW Caselaw
New South Wales Supreme Court CITATION : HEALTH SERVICES FOR MEN & ORS v D'SOUZA & ORS [1999] NSWSC 969 CURRENT JURISDICTION : EQUITY FILE NUMBER(S) : 3563 of 1999 HEARING DATE(S) : 10.9.99 JUDGMENT DATE : 24 September 1999
PARTIES : Health Services for Men & Ors v Dr Oscar D'Souza & Ors JUDGMENT OF : Bryson J at 1
COUNSEL : J.W. Stevenson with M. White for Plaintiffs M. Cashion SC with T. Thawley for Defendants SOLICITORS : Turtons Lawyers for Plaintiffs D.F.F. Morgan & Associates for Defendants CATCHWORDS : MEDICINE - medical clinics - medical records - ownership of records - company medical clinics provide services to medical practitioners operating on premises - no written agreement between clinic and doctors relating to ownership of medical records - clinics owned paper on which medical records written - whether intention of clinic to transfer ownership of papers in medical files to medical practitioners - held that intention that ownership of papers transfers to doctor when papers are used - Passing off - medical practitioners use of phone numbers previously used by medical clinic - injunctions granted to restrain use of phone numbers. Breen v Williams Hawkins v Clayton (1988) 164 CLR 539-573 CASES CITED : Byrne v Australian Airlines Ltd (1995) 185 CLR 401 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 at 283 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 DECISION : See para 54
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
Friday 24 September 1999
3563/99 HEALTH SERVICES FOR MEN PTY LTD & ORS v OSCAR D'SOUZA & ORS
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