University of Western Australia v Gray (No 17) [2007] FCA 924

FEDERAL COURT OF AUSTRALIA

University of Western Australia v Gray (No 17) [2007] FCA 924

PRACTICE AND PROCEDURE - pleadings – lengthy trial – amended defences filed – leave to file amended replies – replies filed substantially later in time and exceeding responses to amended defences – whether additional amendments should be allowed – considerations of fairness, prejudice and case management – amendments allowed in part Limitation Act 1935 (WA) s 47 THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED, CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005), BRUCE NATHANIEL GRAY, THE UNIVERSITY OF WESTERN AUSTRALIA, YAN CHEN, SIRTEX MEDICAL LIMITED (ACN 078 166122) AND THE UNIVERSITY O F WESTERN AUSTRALIA WAD292 OF 2004

FRENCH J

19 JUNE 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

(REGISTERED NUMBER 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 166122)

Second Cross-Claimant

THE UNIVERSITY O F WESTERN AUSTRALIA

Cross-Respondent to Second Cross-Claim

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Third Cross-Claimant

BRUCE NATHANIEL GRAY

First Cross-Respondent to Third Cross-Claim

CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005)