The case of Brisbane City Council v Amos  HCA 27 concerned an appeal to the High Court against a decision of the Court of Appeal in respect of proceedings commenced by the Brisbane City Council (Council) for the recovery of unpaid rates levied upon the Respondent’s land over many years. The case concerned whether the claim (or part of it) was barred by operation of the Limitation of Actions Act (Qld) (LAA).
The High Court (Kiefel CJ, Gageler, Keane, Nettle and Edelman JJ) dismissed the appeal. The High Court upheld the conclusion of the majority of the Court of Appeal that s 26(1) of the LAA does not extend or exclude the operation of s 10(1) of the LAA. This means that a defendant is entitled to plead the shorter limitation period under s 10(1) of the LAA where those limitation periods overlap.
Shane Doyle QC (with Amelia Wheatley) appeared for the appellant, Brisbane City Council, instructed by City Legal.