1. I have considered the preliminary objection dated 29th November, 2023 together with the submissions in support and in opposition to the same, and the applicable law.
2. The preliminary objection is based on the ground that the reference has been filed out of time contrary to paragraph 11(2) of the advocates remuneration order (2014) because the reference was filed more than 60 days from the date of the ruling issued on 28 October, 2021.
3. It is evident from a reading of the Chamber Summons dated 11 September, 2023 that the applicant seeks leave to file a reference out of time against the decision of the taxing master in the ruling issued on 28 October, 2021. In essence, it is an application to enlarge time, and thereafter, with leave of the court, seek to have the reference heard and determined on its merits. The applicant has followed the appropriate procedure.
4. Therefore, it would appear that the Preliminary Objection is based on a misapprehension of the intended purpose of the said Chamber Summons.
5. The preliminary objection is accordingly dismissed with costs.