The University of Western Australia v Gray (No 13) [2007] FCA 397

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 13) [2007] FCA 397

PRACTICE AND PROCEDURE – interlocutory injunctions – freezing orders – pending proceedings – settlement between applicant and one party involving transfer of assets to charitable trust – motions by other respondents to restrain implementation of settlement in light of pending cross-claims – whether serious case to be tried – balance of convenience – effect of representations by one respondent that it would not proceed with cross-claim if settlement occurred – motions for interlocutory relief dismissed Federal Court of Australia Act 1976 (Cth) s 23 Law Reform (Contributory Negligence and Tortfeasors Contribution) Act 1947 (WA) s 7 University of Western Australia v Gray (No 8) [2006] FCA 1825 cited University of Western Australia v Gray (No 11) [2007] FCA 377 cited THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIAL GRAY, SIRTEX MEDICAL LIMITED (ACN 078 166 122), CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) BRUCE NATHANIAL GRAY v THE UNIVERSITY OF WESTERN AUSTRALIA and YAN CHEN SIRTEX MEDICAL LIMITED v THE UNIVERSITY OF WESTERN AUSTRALIA SIRTEX MEDICAL LIMITED v BRUCE NATHANIAL GRAY and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) WAD292 OF 2004

FRENCH J

20 MARCH 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD292 OF 2004

BETWEEN: UNIVERSITY OF WESTERN AUSTRALIA

Applicant

AND: BRUCE NATHANIEL GRAY

First Respondent

SIRTEX MEDICAL LIMITED

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