University of Western Australia v Gray (No 24)

The University of Western Australia sought to amend its application in a case against Dr Kenneth Gray and two corporate entities. The university claimed that Dr Gray had transferred his shares in a company to a private entity without the university's consent, and sought to recover the value of those shares. The court was asked to decide whether the university could amend its application to include additional claims and parties. The legal issues before the court were whether the proposed amendments were permissible under the relevant procedural rules, and whether the proposed amendments would cause injustice or delay.

The court found that the proposed amendments were not permissible, as they would substantially alter the nature of the proceeding and cause delay and prejudice to the respondents. The court noted that the university had already had multiple opportunities to amend its application, and that the proposed amendments were an attempt to relitigate issues that had already been decided. The court also found that the university's delay in seeking to amend its application was inexcusable, and that the respondents would be prejudiced if the amendments were allowed. The court therefore dismissed the university's application to amend its pleadings.

The court ordered the university to commence a new proceeding against Dr Gray and the private entity within seven days, and to pay the costs of Dr Gray and the private entity. The court found that the university's claims against the private entity were not properly before it, and that a new proceeding would be necessary to determine those claims. The court also found that the university's delay in seeking to amend its application had caused prejudice to the respondents, and that it was just for the university to pay their costs. The orders of the court were final and binding on the parties.