University of Western Australia v Gray (No 22) [2008] FCA 1315

FEDERAL COURT OF AUSTRALIA

University of Western Australia v Gray (No 22) [2008] FCA 1315

INTELLECTUAL PROPERTY – assessment of damages – damages under s 79 Fair Trading Act 1987 (WA) – where trial conducted on basis that damages would be separately assessed – where trial judge subsequently appointed to a different Court, prior to assessment of damages – whether appropriate to make ruling or declaration stating recoverable heads of damage – no ruling or declaration made – assessment of quantum of damages cannot in these circumstances be detached from identification of heads of damage – causation the ultimate test of damages under s 79 Fair Trading Act 1987 – assessment of damages to be conducted by another judge

THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (ACN 078 166 122), 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 BRUCE NATHANIEL GRAY and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) WAD292 OF 2004

FRENCH J

15 AUGUST 2008

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 (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 078 166 122)