Amos v Brisbane City Council

Amos was the owner of a property in Queensland which was subject to water sewerage and drainage rates and charges imposed by Brisbane City Council. Amos brought an action against the Council for various causes of action, including a claim for recovery of rates and charges levied by the Council on the property. The Council brought a cross-claim against Amos for recovery of overdue rates and charges. The primary judge found in favour of the Council and Amos appealed. The appeal was to the Queensland Court of Appeal. The primary legal issue before the court was whether the primary judge was correct to find that the twelve-year limitation period in s 26(1) of the Limitation of Actions Act 1974 (Qld) applied to the exclusion of the six-year limitation period in s 10(1)(d) and s 26(5) of that Act. The court found that the primary judge was correct to find that the twelve-year limitation period applied. The court found that the water sewerage and drainage charges were a charge on the land and the primary judge was correct to find that the twelve-year limitation period applied to exclude the six-year limitation period. The court also found that the primary judge was correct to find that Amos was liable for the utility charges. The court found that Amos implicitly asked for the service to be provided and therefore was liable for the charges. The appeal was dismissed and the orders made in the Queensland Supreme Court were set aside. Judgment was entered in favour of the Council in accordance with the minutes of judgment produced by the parties to the Registrar. The Council was ordered to pay Amos’ costs of the appeal.