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