costs – application for costs – parties settled out of court – no consent order signed – no settlement agreement signed – no notice of discontinuance filed – parties relying on verbal statements as to terms of settlement – no reliance made on draft unsigned settlement agreement on court file – defendant paid claimant agreed sum as compensation based on verbal statements purportedly made by claimant’s former lawyer that claimant would pay defendant’s costs of the proceedings – claimant having received compensation refused to pay defendant’s costs and denied statements purportedly made by former lawyer were binding – defendant seeking order for claimant to pay its costs of the proceedings based on purported verbal agreement – in absence of agreement by parties regarding payment of costs court has discretion to decide whether and when and how to award costs – order that parties meet their own costs
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