Following dismissal of a motion seeking to vary a consent judgment and amend a statement of claim, the court determined costs payable to the successful defendants.
One defendant sought costs payable forthwith, while the plaintiff argued any award should be set off against an outstanding amount owed under a prior consent judgment.
The court held that the costs award and the debt under the consent judgment were liquidated mutual obligations, requiring legal set‑off.
Costs payable to that defendant were therefore credited against the amount owed under the consent judgment, while costs payable to the other defendant were ordered payable forthwith.
The court also assessed the reasonable quantum of costs under Rule 57.01 of the Rules of Civil Procedure.
