Gupta v State of SA - [2024] SASC 126

SUPREME COURT OF SOUTH AUSTRALIA
(Civil: Application)
GUPTA v STATE OF SA
[2024] SASC 126
Judgment of the Honourable Justice McIntyre
EQUITY – OTHER MATTERS
The applicant, Santosh Kumar Gupta, has brought a claim against the State of South Australia, alleging that Dr Polasek, a respiratory physician employed by the State, breached a duty of confidence by sharing his confidential medical information with his insurer, AIA Australia Limited (‘AIA’) in a letter dated 11 December 2014. The applicant argues that this disclosure led to AIA rejecting his Total and Permanent Disability (TPD) claim, resulting in financial loss and emotional distress. The applicant submits that he had restricted the scope of what could be provided to AIA by instructing Dr Polasek to limit any response to clinical notes only.
The respondent, the State of South Australia, denies any breach of confidence. The respondent contends that Dr Polasek acted appropriately within the authority provided by Mr Gupta to AIA. The respondent contends that the applicant's email instruction to limit disclosure was never received by Dr Polasek. Additionally, the respondent asserts that AIA's decision to reject the TPD claim was based on various sources of information, not solely on Dr Polasek's letter, and that there was no compensable loss caused by any alleged breach.
Consideration of the equitable duty of confidence in the context of the doctor/patient relationship.
Held:
1.Dr Polasek owed the applicant an equitable duty of confidence.
2.Some of the information disclosed to AIA had the necessary quality of confidentiality and was received by Dr Polasek in circumstances that imported an obligation of confidence.
3.Dr Polasek's letter to AIA was provided in accordance with the authority provided by the applicant in May 2014 and did not amount to an improper disclosure.
4.The signed authority provided by the applicant was never effectively withdrawn.
5.Dr Polasek’s letter to AIA did not constitute a breach of confidence.

Crown Proceedings Act 1992 (SA); Public Sector Act 2009 (SA) ss 3, 74; Electronic Communications Act 2000 (SA), referred to.
Gupta v The State of South Australia (Supreme Court of South Australia, Judge Dart, 25 June 2021).; Rogers v Whittaker (1992) 175 CLR 479; Breen v Williams (1996) 138 ALR 259, considered.

GUPTA v STATE OF SA
[2024] SASC 126
Civil: Trial

McINTYRE J: The applicant, Santosh Kumar Gupta, brings this claim against the respondent, the State of South Australia, under the Crown Proceedings Act 1992(SA). The applicant alleges that Dr Jonathan Polasek (‘Dr Polasek’), in writing to AIA Insurance Australia Ltd (‘AIA’) on 11 December 2014, breached a duty of confidence that he owed the applicant. The claim further alleges that the respondent is vicariously liable for the actions of Dr Polasek.
For the reasons that follow I find that Dr Polasek did not breach any duty of confidence owed to the applicant. The information disclosed in the letter to AIA was within the scope of an authority provided by the applicant, and there was no effective withdrawal of that authority. Accordingly, the applicant's…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] SASC 126
Decision Date: 31 October 2024

CaseChat Overview and Summary

The applicant, an Indian-born civil engineer who moved to Australia in 2005, brought a claim against Dr Polasek, a respiratory physician, and the State of South Australia for allegedly breaching a duty of confidence. The applicant had been diagnosed with narcolepsy by Dr Polasek in 2008 and had sought Dr Polasek's assistance in a claim for a Disability Support Pension from Centrelink in 2012. The applicant alleged that Dr Polasek had breached a duty of confidence by disclosing information regarding his narcolepsy diagnosis to the Australian Imaging Association (AIA) without his consent. The Federal Circuit Court was tasked with determining whether Dr Polasek had breached a duty of confidence owed to the applicant and if the State of South Australia was vicariously liable for any such breach.

The court examined whether Dr Polasek had a duty of confidence towards the applicant and if this duty had been breached by the disclosure of the narcolepsy diagnosis to AIA. The court also considered whether the applicant had effectively withdrawn his authority for Dr Polasek to disclose such information. The court concluded that Dr Polasek did not breach any duty of confidence owed to the applicant as the information disclosed was within the scope of an authority provided by the applicant, and there was no effective withdrawal of that authority. Furthermore, the court held that the State of South Australia was not vicariously liable for any breach by Dr Polasek.

The court dismissed the applicant's claim against Dr Polasek and the State of South Australia. The court found that the applicant had not demonstrated that Dr Polasek breached any duty of confidence by disclosing the narcolepsy diagnosis to AIA. The court held that the information disclosed was within the scope of an authority provided by the applicant, and there was no effective withdrawal of that authority. Consequently, the applicant's claim was dismissed, and orders were made accordingly.

Orders

Orders of the court

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Background

Background to the litigation

For the reasons that follow I find that Dr Polasek did not breach any duty of confidence owed to the applicant. The information disclosed in the letter to AIA was within the scope of an authority provided by the applicant, and there was no effective withdrawal of that authority. Accordingly, the applicant's claim is dismissed. Orders will be made accordingly.Background The applicant was born, brought up and educated in India. He moved to Australia with his family in July 2005. He is a civil engineer. His qualifications are recognised in Australia. On arrival in Australia, he worked as a civil engineer first on the Port River Expressway and then for a regional council before obtaining work as a senior civil engineer for FMG Engineering. The applicant was referred to the Queen Elizabeth Hospital (‘QEH’) by his general practitioner in August 2007 with symptoms of daytime somnolence, general tiredness, malaise, and depressive affect.[1] One of the treatment providers at the QEH was Dr Polasek, a respiratory physician. In September/October 2008, Dr Polasek, following a series of sleep studies, confirmed that the applicant had a diagnosis of narcolepsy.[2][1] Exhibit A 6.[2] Exhibit A 7; Item 28. The applicant resigned from his position with FMG Engineering (‘FMG’) as a senior civil engineer on 1 June 2012. On 6 June 2012, the applicant purported to withdraw his resignation. On 6 or 7 June 2012, FMG indicated that it had already accepted his resignation and was not prepared to accept the withdrawal. On 14 June 2012 FMG advised the applicant that he was not required to serve out his notice and would be paid four weeks salary in lieu of that notice period. The applicant’s last day at work with FMG was 14 June 2012. The applicant applied to Fair Work Australia in relation to an alleged unfair dismissal seeking reinstatement to his former position at FMG. Following an unsuccessful conciliation process there was a hearing at which evidence was received. The applicant’s application was dismissed by Fair Work Australia on 9 November 2012.[3][3] Exhibit R 48. On 6 July 2012, the applicant sought assistance from Dr Polasek in relation to a claim for a Disability Support Pension (‘DSP’) from Centrelink.[4] Dr Polasek completed a Centrelink medical report form on 11 July 2012.[5] The applicant lodged his claim on 16 July 2012. His claim was declined by Centrelink on 12 September 2012. The applicant requested that Centrelink reconsider the rejection of his claim. The original decision was reviewed and affirmed by Centrelink on 5 April 2013. [4] Exhibit A 10.[5] Exhibit A 16. The applicant appealed Centrelink’s decision declining his DSP to the Social Security Appeals Tribunal (‘SSAT’). The SSAT affirmed Centrelink’s decision on 15 May 2013.[6] The applicant then appealed the SSAT decision to the Administrative Appeals Tribunal (‘AAT’). The AAT heard the matter afresh and determined that the applicant did not satisfy the prescribed criteria for the DSP. The AAT published reasons for affirming the decision under review on 22 August 2014.[7][6] Exhibit A 14.[7] Exhibit A 15.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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