Wily, Hugh Jenner v Fitz-Gibbon, Peter Gerald (No. 3)

[1998] FCA 569

IN THE FEDERAL COURT OF AUSTRALIA

LIMITED DISTRIBUTION

JUDGMENT NO. 3

NEW SOUTH WALES DISTRICT REGISTRY

NG 7786  of  1997

BETWEEN:

HUGH JENNER WILY
APPLICANT

AND:

PETER GERALD FITZ-GIBBON
FIRST RESPONDENT

ANN MAREE FITZ-GIBBON
SECOND RESPONDENT

JUDGE:

HILL J

DATE OF ORDER:

15 MAY 1998

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

The first respondent pay two-thirds of the costs of the applicant.

IN THE FEDERAL COURT OF AUSTRALIA

LIMITED DISTRIBUTION

JUDGMENT NO. 3

NEW SOUTH WALES DISTRICT REGISTRY

 NG 7786 of 1997

BETWEEN:

HUGH JENNER WILY
APPLICANT

AND:

PETER GERALD FITZ-GIBBON
FIRST RESPONDENT

ANN MAREE FITZ-GIBBON
SECOND RESPONDENT

JUDGE:

HILL J

DATE:

15 MAY 1998

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

In respect of the proceedings to which Mrs Fitz-Gibbon was not a party, I would order that the first respondent, Mr Fitz-Gibbon, pay two thirds of the costs of the applicant.  I do so on the basis that doing the best I can to apportion the relative significance and time spent on the issues of the watch, the figurine and the paintings that this reflects, the best approximation.

I certify that this is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill

Associate:

Dated:            15 May 1998

Solicitor for the Applicant:	Michell Sillar
Counsel for the Respondents:	M.J. Watts
Date of Hearing:	15 May 1998
Date of Judgment:	15 May 1998