University of Western Australia v Gray (No 18) [2007] FCA 1038

FEDERAL COURT OF AUSTRALIA

University of Western Australia v Gray (No 18) [2007] FCA 1038

PRACTICE AND PROCEDURE – trial - pleadings – particulars - state of mind of corporate respondent – reliance upon state of mind of named officers – evidence completed – 45 day trial - parties completing written submissions – application to amend particulars to include reliance upon state of mind of additional director of corporate respondent – based substantially upon mattes of inference from documentary material – unquantifiable unfair prejudice – amendment refused THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (ACN 078 166 122) and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 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 (REGISTERED NUMBER 1001005) WAD 292 OF 2004

FRENCH J

5 JULY 2007

PERTH 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

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 Second Cross-Claim

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Second Cross-Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA

Cross Respondent to Second Cross-Claim