Bosco v Solomon Brothers

The case of Bosco v Solomon Brothers was heard by Master Sanderson in the Supreme Court of Western Australia. The matter involved an appeal against the decision of Registrar Johnston regarding the taxation of costs. The parties charged, Gizelsa Suzanne Bosco and Roland Charles Bosco, sought an extension of time to request an itemised bill in taxable form, as per Section 232(3) of the Legal Practice Act 2003 (WA). The practitioner, Solomon Brothers, appealed the Registrar's decision to grant the extension and sought costs. The legal issues in this case revolved around the discretion of the court to grant an extension of time to request an itemised bill and the factors to be considered in exercising this discretion. The court's reasoning was based on the principle that the onus lies on the party charged to convince the court that an extension should be granted. The court considered various factors, including the delay in requesting taxation, the existence of independent legal advice for the parties charged, and the potential prejudice to the practitioner if the extension were granted. The court ultimately determined that the extension should not be granted due to the unexplained delay and the presence of independent legal advice for the parties charged. The appeal was allowed, and the application for an extension of time was dismissed.