Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Coshott [2015] FCA 1284 Citation: Coshott v Coshott [2015] FCA 1284
Parties: JAMES COSHOTT and LJILJANA COSHOTT v ROBERT GILBERT COSHOTT and MAXWELL WILLIAM PRENTICE IN HIS CAPACITY AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A FORMER BANKRUPT
STEPHEN MICHAEL BARRY AND MARTIN PEARCE BOARD v LJILJANA COSHOTT, MAXWELL WILLIAM PRENTICE IN HIS CAPACITY AS TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT, A FORMER BANKRUPT and FEWIN PTY LTD ABN 64 051 132 453
File number(s): NSD 1412 of 2009
Judge(s): BUCHANAN J
Date of judgment: 23 November 2015
Catchwords: COSTS – solicitors' lien exercised by possession of certificate of title – solicitors acted for clients on purchase of property as joint tenants – solicitors acted for clients on additional legal matters – client declared bankrupt – Court ordered certificate of title be delivered to Trustees for Sale, without prejudice – client argued lien extinguished by limitation period – lien not defeated by mere effluxion of time – lien is a passive and possessory right – certificate of title "goods" under Limitation Act 1969 (NSW), s 68(a) – lien remained valid and fully effective – lien not otherwise extinguished – solicitors entitled to costs, with interest where properly claimable
Legislation: Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Limitation Act 1969 (NSW), ss 63, 68, 68(a)
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