Lyons and Anor v Weston as trustee of the Bankrupt Estate of Lyons and Anor (No.2)

Lyons and Anor v Weston as trustee of the Bankrupt Estate of Lyons and Anor (No.2) concerned a dispute between the bankrupts, Lyons and Anor, and the trustee of their bankrupt estate, Weston. The matter came before Judge Jarrett.

The central legal issue before the court was whether the bankrupts were entitled to an order for costs against the trustee in relation to an earlier application made by the trustee. The bankrupts sought this order on the basis that the trustee's application had been unsuccessful.

Judge Jarrett determined that the trustee's application had not been entirely unsuccessful, as it had resulted in the bankrupts being ordered to provide security for costs. Consequently, the court found that the bankrupts were not entitled to an order for costs against the trustee. The court applied the general principle that costs follow the event, but also considered the specific circumstances of the application and its partial success.

The court ordered that the costs of the trustee's application be costs in the administration of the bankrupt estate.