Telfer Yacht Sales Inc. v. Spirit of Freedom II ( The )
T-1006-94
McKeown J.
12/9/94
2 pp.
No discussion of costs at May 16, 1994 hearing -- Giles A.S.P.'s order stating "Costs of the ship in any event in an amount to be agreed between the solicitors. If no agreement can be reached, I may be spoken to." -- Costs awarded on solicitor-client scale on July 14, 1994 -- Circumstances providing exception to rule normally costs awarded on party-and-party basis -- Within A.S.P.'s discretion, and not revisiting order of May 16, 1994, since "costs" therein meaning scale, and amount of costs left open for agreement between parties -- Discretion not clearly based on improper principle or error of law or on complete misapprehension of fact -- As arguable case on meaning of "costs", only party-and party costs awarded on this motion.