The University of Western Australia v Gray (No 8) [2007] FCA 286

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 8) [2007] FCA 286

THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (FORMERLY KNOWN AS PARAGON MEDICAL PTY LTD) (ACN 078 166 122) & CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) WAD 292 OF 2004

GRAHAM J

2 MARCH 2007

SYDNEY 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 (FORMERLY KNOWN AS PARAGON MEDICAL PTY LTD) (ACN 078 166 122)

Second Respondent

CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005)

Third Respondent

BRUCE NATHANIEL GRAY

First Cross-Claimant

UNIVERSITY OF WESTERN AUSTRALIA

First Cross-Respondent to First Cross-Claim

YAN CHEN

Second Cross-Respondent to First Cross-Claim

SIRTEX MEDICAL LIMITED

Second Cross-Claimant

UNIVERSITY OF WESTERN AUSTRALIA

Cross-Respondent

JUDGE: GRAHAM J DATE OF ORDER: 2 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to David Sanders and Bethwyn Daebritz ('the Interveners') to intervene in the third respondent's Notice of Motion filed 28 February 2007 on the following terms: (a) The Interveners are to assist the Court by the provision of written submissions directed to the relevant considerations for the Court as to why approval of the Settlement Agreement ought to be refused. (b) The Interveners are only to supplement those written submissions by oral submissions to the extent requested by the Court in the course of the hearing of the third respondent's Notice of Motion dated 28 February 2007. (c) The intervention shall be on the basis that the Interveners be liable for such orders as to costs, if any, as the Court may see fit to make on the third respondent's Motion. 2. On the Application of the Interveners no order as to costs be made. 3. On the Application of the second respondent, the third respondent's Notice of Motion filed 28 February is stood over part-heard to Tuesday 6 March 2007 at 2:15pm WDST. 4. The second respondent file and serve any additional Affidavits on which it wishes to rely on or before 4:15pm EDST on Monday 5 March 2007. 5. The costs of today of the third respondent's Motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.