The University of Western Australia v Gray (No 9) [2007] FCA 111

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 9) [2007] FCA 111

PRACTICE AND PROCEDURE – cross-claim – against third party – leave to bring cross-claim – subject matter of cross-claim related to or connected with the subject of the proceeding – case management considerations – long complex trial imminent – complexity increased by introduction of additional party – possibility that cross-claim may be unnecessary – leave to cross-claim refused THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY SIRTEX MEDICAL LIMITED (ACN 078 166 122) AND CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005) BRUCE NATHANIEL GRAY v THE UNIVERSITY OF WESTERN AUSTRALIA AND YAN CHEN SIRTEX MEDICAL LIMITED (ACN 078 166 122) v THE UNIVERSITY OF WESTERN AUSTRALIA SIRTEX MEDICAL LIMITED (ACN 078 166 122) v BRUCE NATHANIEL GRAY and CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005) WAD292 OF 2004

FRENCH J

13 FEBRUARY 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD292 OF 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

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Second Cross-Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA

Cross-Respondent to Second Cross-Claim

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Third Cross-Claimant