Trustee of the Bankrupt Estate of Ewing and Ewing

The Trustee of the Bankrupt Estate of Ewing and Ewing brought proceedings against the first and second respondents. The precise nature of the dispute is not detailed in the provided text, but the outcome concerns the costs awarded to the Trustee. The decision was made by Le Poer Trench J.

The central legal issue determined by the court was the allocation of costs between the parties. Specifically, the court had to decide whether the second respondent should be ordered to pay the Trustee's costs and, if so, on what basis and in what amount.

Le Poer Trench J ordered that the second respondent pay the Trustee's costs on a party and party basis. Furthermore, the second respondent was directed to pay a sum of $10,000 within 28 days, unless they elected to have the costs formally assessed. This election required written notification to the Trustee's solicitor by a specified date.