Category Archives: s. 126C

Kadian v Richards [2004] NSWSC 382 (22 June 2004)

[2004] NSWSC 382

CONFIDENTIAL INFORMATION – doctor-patient confidentiality – sources of obligation of confidentiality – content of obligation – whether obligation waived by patient commencing litigation which puts his or her health in issue – whether proceedings should be stayed unless plaintiff consents to interview taking place between defendant’s lawyers and plaintiff’s present treating doctors – PROFESSIONS AND TRADES – medical and related professions – doctor-patient confidentiality – sources of obligation of confidentiality – content of obligation – whether obligation waived by patient commencing litigation which puts his or her health in issue – whether proceedings should be stayed unless plaintiff consents to interview taking place between defendant’s lawyers and plaintiff’s present treating doctors – PROCEDURE – miscellaneous procedural matters – stay of proceedings – when appropriate – PROCEDURE – Supreme Court procedure – claim for declaration that right had been waived – need for person affected by that right to be party to the litigation – EVIDENCE – proof of a negative proposition – onus of proof