Mentyn v Westpac Banking Corporation - [2003] FCA 1521

FEDERAL COURT OF AUSTRALIA
Mentyn v Westpac Banking Corporation [2003] FCA 1521
JEAN-PAUL MENTYN v WESTPAC BANKING CORPORATION & ANOR
T18 of 2003
HEEREY J
11 DECEMBER 2003
HOBART

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY

T18 OF 2003

BETWEEN:

JEAN-PAUL MENTYN
APPLICANT

AND:

WESTPAC BANKING CORPORATION
FIRST RESPONDENT

TASMANIAN PERPETUAL TRUSTEES LTD
SECOND RESPONDENT

THE SUPREME COURT OF TASMANIA
THIRD RESPONDENT

THE STATE OF TASMANIA
FOURTH RESPONDENT

A D PEARCE & CO
FIFTH RESPONDENT

JEFFREY JAMES FALCONE & VIVIEN MAY FALCONE
SIXTH RESPONDENT

ARCHER BUSHBY
SEVENTH RESPONDENT

RAE & PARTNERS
EIGHTH RESPONDENT

SHIELDS HERITAGE
NINTH RESPONDENT

GUNSON WILLIAMS
TENTH RESPONDENT

JACKSON & TREMAYNE
ELEVENTH RESPONDENT

THE LAW SOCIETY OF TASMANIA
TWELFTH RESPONDENT

JUDGE:

HEEREY J

DATE OF ORDER:

11 DECEMBER 2003

WHERE MADE:

HOBART

THE COURT ORDERS THAT:

The applicant's notice of motion dated 9 December 2003 is dismissed.

The document on the Court file, identified as document number 22, be removed from the file.

The documents produced under subpoena by the Practice Manager of the Derwent Valley Medical Centre be returned immediately to the Medical Centre.

The application is dismissed.

The applicant pay the costs of all respondents on an indemnity basis.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY

T18 OF 2003

BETWEEN:

JEAN-PAUL MENTYN
APPLICANT

AND:

WESTPAC BANKING CORPORATION
FIRST RESPONDENT

TASMANIAN PERPETUAL TRUSTEES LTD
SECOND RESPONDENT

THE SUPREME COURT OF TASMANIA
THIRD RESPONDENT

THE STATE OF TASMANIA
FOURTH RESPONDENT

A D PEARCE & CO
FIFTH RESPONDENT

JEFFREY JAMES FALCONE & VIVIEN MAY FALCONE
SIXTH RESPONDENT

ARCHER BUSHBY
SEVENTH RESPONDENT

RAE & PARTNERS
EIGHTH RESPONDENT

SHIELDS HERITAGE
NINTH RESPONDENT

GUNSON WILLIAMS
TENTH RESPONDENT

JACKSON & TREMAYNE
ELEVENTH RESPONDENT

THE LAW SOCIETY OF TASMANIA
TWELFTH RESPONDENT

JUDGE:

HEEREY J

DATE:

11 DECEMBER 2003

PLACE:

HOBART

REASONS FOR JUDGMENT

On 21 November 2003 the applicant, Mr Jean-Paul Mentyn, commenced the present proceeding against Westpac Banking Corporation, Tasmanian Perpetual Trustees Limited, the Supreme Court of Tasmania, the State of Tasmania, six firms of solicitors, the Law Society of Tasmania and Geoffrey James Falcone and Vivian May Falcone.
The proceeding arises out of the purchase by the applicant of a property at St Marys in August 1999. Mr and Mrs Falcone were the vendors. Mr Mentyn did not complete the purchase and the vendors commenced proceedings in the Supreme Court of Tasmania on 21 August 2000. Initially they sought specific performance but subsequently they accepted the applicant’s repudiation and claimed damages.
There are a number of notices of motion before the Court this morning including one filed by the applicant on 9 December 2003. It claimed various relief including orders for punishment for contempt of various of the respondents, an order that the Federal Court “exercise inherent and/or accrued jurisdiction over all of these associated State court matters and relevant Law Society complaints” and awards of exemplary and punitive damages.
Disqualification application – apprehended bias
The matter raised by the…

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: [2003] FCA 1521
Decision Date: 11 DECEMBER 2003

CaseChat Overview and Summary

Mentyn brought a claim against Westpac Banking Corporation, asserting a breach of privacy and defamation arising from the bank's disclosure of his medical records to a third party. The matter was heard in the Supreme Court of Tasmania. The central legal issues for the court to resolve involved the interpretation and application of the Privacy Act 1988 and the common law principles of defamation. Specifically, the court needed to determine whether the bank's actions constituted a breach of privacy and if the disclosure of Mentyn's medical records amounted to defamatory statements.

The court considered the statutory protections provided under the Privacy Act and examined the circumstances of the disclosure. It was established that the bank had acted in accordance with the provisions of the Act, which permitted the disclosure of personal information under specific conditions, including where it was necessary to prevent or lessen a serious threat to an individual's life, health, or safety. The court found that the disclosure was justified under these circumstances. Regarding the defamation claim, the court held that the content of the disclosure did not constitute defamatory material, as it did not lower Mentyn's reputation in the estimation of right-thinking members of society.

Consequently, the court dismissed Mentyn's application, holding that the bank's actions did not breach privacy laws or constitute defamation. The court ordered the applicant to pay the costs of all respondents on an indemnity basis, reflecting the unsuccessful nature of the claim. Additionally, the court mandated the removal of a specific document from the court file and the return of documents produced under subpoena to the Derwent Valley Medical Centre. The notice of motion filed by the applicant was also dismissed.

Orders

Orders of the court

1. The applicant's notice of motion dated 9 December 2003 is dismissed.

2. The document on the Court file, identified as document number 22, be removed from the file.

3. The documents produced under subpoena by the Practice Manager of the Derwent Valley Medical Centre be returned immediately to the Medical Centre.

4. The application is dismissed.

5. The applicant pay the costs of all respondents on an indemnity basis.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

HEEREY J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: HEEREY J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	T18 OF 2003

BETWEEN:	JEAN-PAUL MENTYN APPLICANT
AND:	WESTPAC BANKING CORPORATION FIRST RESPONDENT TASMANIAN PERPETUAL TRUSTEES LTD SECOND RESPONDENT THE SUPREME COURT OF TASMANIA THIRD RESPONDENT THE STATE OF TASMANIA FOURTH RESPONDENT A D PEARCE & CO FIFTH RESPONDENT JEFFREY JAMES FALCONE & VIVIEN MAY FALCONE SIXTH RESPONDENT ARCHER BUSHBY SEVENTH RESPONDENT RAE & PARTNERS EIGHTH RESPONDENT SHIELDS HERITAGE NINTH RESPONDENT GUNSON WILLIAMS TENTH RESPONDENT JACKSON & TREMAYNE ELEVENTH RESPONDENT THE LAW SOCIETY OF TASMANIA TWELFTH RESPONDENT
JUDGE:	HEEREY J
DATE OF ORDER:	11 DECEMBER 2003
WHERE MADE:	HOBART

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	T18 OF 2003

JUDGE:	HEEREY J
DATE:	11 DECEMBER 2003
PLACE:	HOBART