Settlement Agreement – whether agreement binding – parties agreeing to terms of settlement – Defendant signing Settlement agreement but Claimants not signing due to subsequent conduct of the Defendant – Claimants eventually signing but question arising as to whether the agreement is binding – Neither party indicating that they had withdrawn from the agreement – Both parties seeming to act as if there was no longer an agreement – Cost awarded against successful party to the application due to conduct resulting in waste of Court time and unnecessary cost