The University of Western Australia v Gray [2005] FCA 277

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray [2005] FCA 277 PRACTICE AND PROCEDURE – pleadings – sufficiency of pleadings – strike out motions – failure to link material facts to claimed causes of action – misleading or deceptive conduct – necessity to make causal connection to loss or damage claimed – allegations of dishonesty – need for precise pleading – time limitations – inappropriateness of striking out causes of action as statute barred except in clear cases – various pleading deficiencies – statement of claim struck out as a whole – leave to replead Corporations Act 2001 (Cth) s 175(2) Associations Incorporation Act 1987 (WA) University of Western Australia Act 1911 (WA) Trade Practices Act 1974 (Cth) s 52

Federal Court Rules O 11 r 16 THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED and CANCER RESEARCH INSTITUTE INC WAD 292 OF 2004 FRENCH J 17 MARCH 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 292 OF 2004

BETWEEN: THE UNIVERSITY OF WESTERN AUSTRALIA

APPLICANT

AND: BRUCE NATHANIEL GRAY

FIRST RESPONDENT

SIRTEX MEDICAL LIMITED

SECOND RESPONDENT

CANCER RESEARCH INSTITUTE INC

THIRD RESPONDENT

JUDGE: PERTH

DATE OF ORDER: 17 MARCH 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

On the respondents' motions:

1. The statement of claim is struck out.

2. The applicant has leave to file and serve a new statement of claim and application.

3. The applicant is to pay the respondents' costs of the motions.

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

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 292 OF 2004