Brisbane City Council v. Amos

Lower Court Judgment

20/02/2018 Supreme Court of Queensland (Court of Appeal) (Fraser JA, Philippides JA, Dalton J)

[2018] QCA 11

Catchwords

Procedure – Limitation periods – Limitation of Actions Act 1974 (Qld) – Where Council commenced proceeding against respondent for overdue rates and charges – Where primary judge gave judgment for Council – Where majority of Court of Appeal allowed appeal on basis part of claim beyond 6 year limitation period in s 10(1)(d) of Act – Whether majority erred in holding proceeding falls within both ss 10(1)(d) and 26(1) of Act and inconsistency should be resolved by applying shorter limitation period in s 10(1)(d).

Short Particulars