Brisbane City Council v Amos [2019] HCA 27

Brisbane City Council v Amos [2019] HCA 27

Where the Limitation of Actions Act 1974 (Qld) s 26(1) (12 years for principal secured by charge) and s 10(1)(d) (six years for sum recoverable by enactment) both apply to a personal action for recovery of debts (such as council rates), either may be pleaded, and the defendant may invoke the shorter limitation...

Source-derived case information.

Parties
Appellant: Brisbane City Council; Respondent: Edward Amos
Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Appeal / High Court of Australia Judgment on Appeal From Supreme Court of Queensland
Outcome
Appeal dismissed with costs.
Legal Topics
Statutory Interpretation, Limitation Periods for Debts, Overlap Between Limitation Statutes, Rates and Charges on Land
Limitation of Actions Local Government Law Statutory Interpretation Limitation Periods for Debts Overlap Between Limitation Statutes Rates and Charges on Land

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Parties

Brisbane City Council

Appellant

Edward Amos

Respondent

Procedural Posture

Appeal / High Court of Australia Judgment on Appeal From Supreme Court of Queensland

Legal Issues

  1. 1 Whether s 26(1) of the Limitation of Actions Act 1974 (Qld) applies to exclude operation of s 10(1)(d) for council rates recovery actions secured by charge
  2. 2 Which of the potentially applicable limitation periods applies: six years under s 10(1)(d) or 12 years under s 26(1)

Ratio Decidendi

Where the Limitation of Actions Act 1974 (Qld) s 26(1) (12 years for principal secured by charge) and s 10(1)(d) (six years for sum recoverable by enactment) both apply to a personal action for recovery of debts (such as council rates), either may be pleaded, and the defendant may invoke the shorter limitation period. Section 26(1) does not exclude s 10(1)(d). The six-year period applies as a defence for the respondent.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.