The University of Western Australia v Gray (No 6) [2006] FCA 1825

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 6) [2006] FCA 1825

INCORPORATED ASSOCIATIONS – respondent to proceedings – membership uncertain – validity of appointment of board members questioned – intractable conflict of interest in board members – charitable objects – assets only applicable for relevant charitable objects – power of court to make interlocutory appointment of receiver – receiver to conduct litigation or resolve it – whether power should be exercised – receiver appointed Federal Court of Australia Act 1976 (Cth s 57, s 23 Corporations Act 2001 (Cth) Associations Incorporations Act 1987 (WA) s 27 Martyniuk v King [2000] VSC 319 cited Manchester and Liverpool District Banking Co v Parkinson (1888) 22 QBD 173 cited Vouros as Liquidator of Cadima Express Pty Ltd v Deputy Commissioner of Taxation (1933) 33 ACSR 527 cited THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (ACN 078 166 122), CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005) BRUCE NATHANIEL GRAY v THE UNIVERSITY OF WESTERN AUSTRALIA, YAN CHEN SIRTEX MEDICAL LIMITED (ACN 078 166 122) v THE UNIVERSITY OF WESTERN AUSTRALIA WAD 292 OF 2004

FRENCH J

22 DECEMBER 2006

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 292OF 2004

BETWEEN: THE UNIVERSITY OF WESTERN AUSTRALIA

Applicant

AND: BRUCE NATHANIEL GRAY

First Respondent

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Second Respondent

CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005)

Third Respondent

BRUCE NATHANIEL GRAY

First Cross-Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA

First Cross-Respondent to First Cross-Claim

YAN CHEN

Second Cross-Respondent to First Cross-Claim