now it seems to me with erm with great respect from the view of the taxing officer, that er it's quite clear that er both parties  were holding han were holding their hands in relation to a question of taxation because negotiations were going on between the parties and indeed the defendants were being requested er not to proceed with taxation but to see if they could obtain an overall  assessment and the point was met to the defendants barrister, telling quite frankly there wouldn't be much advantage in the defendants pushing on with erm taxation because they'd only, they would have to look to his interest in the property to get payment, it seems to me in those circumstances that it cannot be said that erm the plaintiffs were in any way acting improperly and not seeking to have the costs taxed during the period while the negotiations were being carried on er because effectively and