Coshott v Parker

[2019] FCAFC 14

Full Court of the Federal Court8 February 2019

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Interrogate

Catchwords

1. Succession Law
2. › Administration of deceased estates
3. › Obligations of executors
4. › Payment of debts
5. › Statute-barred debts
6. › Whether holder of general retaining lien a 'creditor' within meaning of Probate and Administration Act 1898 (NSW) s 82(1)
7. › Whether executrices obliged to pay statute-barred debts where lien maintained
8. › Probate and Administration Act 1898 (NSW), s 82(1)
1. Limitation of Actions
2. › Extinction of debts
3. › Saving provision for liens
4. › Whether s 68 of Limitation Act 1969 (NSW) preserves debts beyond extent necessary to support lien
5. › Whether saving from extinction confers status as creditor for estate administration purposes
6. › Limitation Act 1969 (NSW), ss 14, 63, 68
1. Practice and Procedure
2. › Leave to appeal
3. › Whether decision on preliminary question finally determining rights is interlocutory
4. › Federal Court of Australia Act 1976 (Cth), s 24(1A)

Quick Take

The preservation of statute-barred debts under s 68 of the Limitation Act 1969 (NSW) does not confer creditor status for the purposes of estate administration under s 82(1) of the Probate and Administration Act 1898 (NSW), and executors are not obliged to pay such debts, even where solicitors hold general retaining liens over deceased clients' documents.