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