The parties settled an appeal, agreeing that costs would be agreed to or assessed.
No agreement was reached.
The respondent on the appeal asked the court to fix and award the costs of the appeal, while the appellants requested a referral to an assessment officer.
The Divisional Court held that the matter was not complex and retained its discretion to fix costs.
The court awarded the respondent $5,820.63 for the appeal and $3,000 for the appearance.
