Mid-City Skin Cancer & Laser Centre v Zahedi-Anarak [2006] NSWSC 844

Reported Decision : 67 NSWLR 569

New South Wales Supreme Court

CITATION : Mid-City Skin Cancer & Laser Centre v Zahedi-Anarak [2006] NSWSC 844

HEARING DATE(S) : 13/6/06-16/6/06,4/7/06-6/7/06

JUDGMENT DATE : 13 September 2006

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Booking sheets belong to proprietor of medical practice. Pathology reports belong to patient, but proprietor of medical practice has rights as bailee at will concerning them, and a superior right to possession of them to that of a doctor working in the practice. The failure to hand over all copies of booking sheets and pathology reports was breach of a particular contract for sale of a medical practice. Doctor working in medical practice owes obligation of confidentiality to proprietor of the practice, concerning patient names and addresses and telephone numbers contained in what is in substance a list. Obligation of confidentiality is assignable by the proprietor of the medical practice to a purchaser of that practice. Assignee of a contractual obligation of confidentiality can recover only for those damages which the assignor could have recovered for breach of the obligation. No such damages proved. Alternatively, no loss suffered by the assignee proved. Assuming account of profits would be available, allowance for expenditure of time skill and effort would need to be made, and after the making of that allowance no money would be recoverable. A decision of the Court of Appeal, which has been affirmed by the High Court, for reasons different to those adopted by the Court of Appeal, is not binding as a matter of law on first instance judges.

CATCHWORDS : PERSONAL PROPERTY - ownership and possession - ownership of medical records relating to patient treatment - ownership of pathology reports obtained by a medical practitioner for patients - rights to possession of pathology reports obtained for patients - MEDICINE - medical practitioners - ownership of records relating to patient treatment - ownership of pathology reports obtained for patients - rights to possession of pathology reports obtained for patients - role of medical practitioner in ordering pathology report - CONTRACTS - PARTICULAR PARTIES - Principal and Agent - role of medical practitioner in ordering pathology report for patient - MEDICINE - medical practitioners - manner of operation of bulk billing system in Medicare - CONTRACTS - GENERAL CONTRACTUAL PRINCIPALS - implication of terms - tests for implication in an informal contract - implication of obligations of confidentiality on medical practitioner working in another's practice - MEDICINE - medical practitioners - obligations of confidentiality of persons working in a medical practice - EQUITY - obligations of confidence arising in equity's exclusive jurisdiction - obligations of confidentiality of medical practitioner working in another's practice - EQUITY - assignments in equity - whether as a matter of construction a contractual obligation of confidentiality has been agreed to be assigned - whether a contractual obligation of confidentiality is inherently assignable - rights of an equitable assignee of a contractual obligation - for what damages an assignee of the benefit of a contractual obligation can sue - PRECEDENT - whether a decision of the Court of Appeal, which has been affirmed in the High Court, for reasons different to those adopted by the Court of Appeal, is binding as a matter of law on first instance judges - EQUITY - equitable remedies - account of profits - principles for computation - allowance for expenditure of time effort and skill