bytheangel
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I know that Re James extended the ruling so that administrators have the same rights as executors

HOWEVER, If you needed to argue it the other way so that administrators didn't have the same rights, besides the obiter in Re Gonin, is there anything else that can support this case?
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RV3112
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(Original post by bytheangel)
I know that Re James extended the ruling so that administrators have the same rights as executors

HOWEVER, If you needed to argue it the other way so that administrators didn't have the same rights, besides the obiter in Re Gonin, is there anything else that can support this case?
I don't think so. Re James is settled law. The only key argument against the rule is discussed in Re Gonin, as you noted.

Breaking it down to its simplest point, the key difference between an administrator and an executor is merely one of how they are appointed. So if you are going to argue that the executor rule in Strong v. Bird shouldn't apply to an administrator, you can only base that argument on a difference between the two roles. The manner of appointment was what was discussed obiter in Re Gonin, and there's no other relevant difference in the context of Strong v. Bird.
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