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“Ordinarily the best of ownership with the paper would afford to pay for the owner the right to deliver or refuse use of a third party, possibly freely or at a charge.”

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‘The ownership of these documents as amongst Harsands and Doyles falls being based on application of the concepts reviewed in Wentworth v de Montfort 15 NSWLR 348. As seems from that situation (and see also Breen v Williams 186 CLR 71), concepts formulated in circumstances in which an experienced person is acting in any other case than as agent to the consumer (eg giving guidance or planning documents to the client’s use on your own) don't have any needed application to scenarios where the Specialist is acting as the shopper’s agent (eg a solicitor performing for a consumer in communications, litigation or transactions with third parties).

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The appellant did not declare ownership of the particular documents comprising her health-related information. It is actually understandable that she didn't achieve this, simply because they tend not to involve any documents acquired on her behalf and paid out for by her, which include x-ray images or pathology studies, the ownership of which she could be able to say.

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