The court considered whether the assessment of costs following settlement should be conducted by an assessment officer or by a judge.
The plaintiffs sought to have the court fix costs, while the defendants argued for assessment by an assessment officer under Rule 57.04 of the Rules of Civil Procedure.
The court held that, as the matter settled before trial and the court had only a cursory knowledge of the facts, the assessment should be conducted by an assessment officer as contemplated by the Rules.
The court encouraged the parties to attempt to resolve costs without assessment if possible.
