It continues: Sirtex awarded over $2.5 million in UWA v Gray cross-claim

It continues: Sirtex awarded over $2.5 million in UWA v Gray cross-claim

It continues: Sirtex awarded over $2.5 million in UWA v Gray cross-claim

The Federal Court recently handed down the latest judgment1 in the long-running matter of UWA v Gray, which we have covered in previous In Brief updates. On 24 June 2010, Justice Barker ruled on the amount of damages payable in Sirtex Medical Limited’s cross-claim against Dr Bruce Gray for lost commercial opportunity and legal costs in the principal patent infringement proceeding.

Even though Dr Gray successfully defended the University’s claims, Dr Gray was ordered to pay Sirtex $1,762,224.33 in damages, a further $812,961.50 in interest, and legal costs, for failing to disclose certain correspondence to Sirtex which may have provided it with an opportunity to resolve the issue before litigation ensued. The Court had previously found that this amounted to misleading and deceptive conduct and a breach of the duties that Dr Gray owed to Sirtex, as a director of that company.

Endnotes

1. University of Western Australia v Gray (No 29) [2010] FCA 665.