University of Western Australia v Gray (No 23) [2008] FCA 1427

FEDERAL COURT OF AUSTRALIA

University of Western Australia v Gray (No 23) [2008] FCA 1427

PRACTICE AND PROCEDURE – the respondent to a pending appeal sold shares to a third party – the appeal is against the dismissal of the applicant's claim to a proprietary interest in the shares ‑ interlocutory injunction pending appeal – original jurisdiction

University of Western Australia v Gray (No 20) (2008) 246 ALR 603 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87 THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (FORMERLY KNOWN AS PARAGON MEDICAL PTY LTD) (ACN 078 166 122) and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005); BRUCE NATHANIEL GRAY; THE UNIVERSITY OF WESTERN AUSTRALIA, YAN CHEN, SIRTEX MEDICAL LIMITED (ACN 078 166 122), THE UNIVERSITY OF WESTERN AUSTRALIA, BRUCE NATHANIEL GRAY and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005)

WAD 292 of 2004

SIOPIS J

8 SEPTEMBER 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 (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

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)

Second Cross‑Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA

Cross-Respondent to Second Cross‑Claim