Sirtex Medical Limited v Cancer Research Institute Incorporated & Ors

[2008] HCATrans 153

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[2008] HCATrans 153

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth   No P43 of 2007

B e t w e e n -

SIRTEX MEDICAL LIMITED

Applicant

and

CANCER RESEARCH INSTITUTE INCORPORATED

First Respondent

UNIVERSITY OF WESTERN AUSTRALIA

Second Respondent

BRUCE NATHANIEL GRAY

Third Respondent

Application for special leave to appeal

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 18 APRIL 2008, AT 9.32 AM

Copyright in the High Court of Australia

MR J.D. ELLIOTT, SC:   If the Court pleases, I appear for the applicant.  (instructed by Yeldham Price O’Brien Lusk Lawyers)

MR M. GREEN:   If the Court pleases, I appear with MR D.J. PRATT, for the second respondent.  (instructed by Jackson McDonald)

HIS HONOUR:   I gather that the third respondent has filed a submitting appearance?

MR ELLIOTT:   Indeed, your Honour.

HIS HONOUR:   Yes.

MR ELLIOTT:   Can I inform the Court that in light of a judgment handed down by the learned trial judge, Justice French, in the main proceeding yesterday afternoon, we seek to discontinue the special leave application.

HIS HONOUR:   I do not think I have to do anything.

MR ELLIOTT:   No.

HIS HONOUR:   I gather your solicitor is going to file a notice of discontinuance in the Registry later in the day, is that correct?

MR ELLIOTT:   That is correct, your Honour.

HIS HONOUR:   I understand that the Rules pick up the consequences for costs.

MR ELLIOTT:   That is also correct, your Honour.

HIS HONOUR:   There is nothing I have to do?

MR ELLIOTT:   No, your Honour.

HIS HONOUR:   I do not have to make any orders.

MR ELLIOTT:   I apologise for bringing you down from the 9th floor, your Honour, just for that.

HIS HONOUR:   No, it is perfectly all right.  It gives the other two Justices more time to labour over the other problems later in the day.  Very well, and you are content with that, Mr Green?

MR GREEN:   Yes, I am, your Honour.

HIS HONOUR:   Yes, very well.

I simply note that the applicant is going to file a notice of discontinuance in the Registry of this Court and I therefore stand the matter out of today’s list.

MR ELLIOTT:   If the Court pleases.

HIS HONOUR:   The Court will adjourn until 10 o’clock.

AT 9.33 AM THE MATTER WAS CONCLUDED