The parties settled a shareholder dispute, agreeing that the defendant would purchase the plaintiff's shares and pay 'costs as agreed or assessed'.
They could not agree on the scale or quantum of costs.
The defendant argued the costs should be assessed by an assessment officer pursuant to Rule 57.04.
The plaintiff argued the court should determine the costs as part of enforcing the settlement.
The court held that because determining the appropriate scale of costs required interpreting the settlement agreement, a judge should make the necessary factual and legal determinations rather than delegating to an assessment officer.
The plaintiff was directed to bring a motion to enforce the settlement.
