Nicholas Andreatidis QC, Anthony Messina and Sophie Gibson appeared for the respondents in Price v Spoor [2021] HCA 20, instructed by Mullins Lawyers. This was an action to recover principal and interest owed under two mortgages, and for possession of the land secured by the mortgages, the appellants pleaded statutory limitations defences. This was despite the mortgages containing a covenant excluding the operation of all statutes which defeat the rights, powers and remedies of the respondents; the Limitations of Actions Act 1974 (Qld) was said to be such a statute. This was an appeal to the High Court.
The judgment is available here.
Counsel authored this summary of the issues, outcome and implications arising from the matter.
A snapshot summary of the case background and issues is available here.
