Bowtell v Goldsbrough, Mort & Co Ltd

Bowtell brought an action against Goldsbrough, Mort & Co Ltd for trespass and for mesne profits. The dispute concerned the recovery of profits allegedly made by the defendant from the plaintiff's land. The case was heard in the High Court of Australia.

The central legal issue before the court was the interpretation of the Statute of Limitations 1623 (Imp), specifically whether it barred the plaintiff's claim for mesne profits. The court was required to determine whether the statute, in its application to the colony, limited the period within which an action for mesne profits could be brought.

The court considered the preamble of the Statute of Limitations 1623, which indicated its purpose was to prevent stale claims. Griffith C.J. reasoned that the statute, by its terms, applied to actions of trespass, and that an action for mesne profits was a form of trespass. Barton and O'Connor JJ. concurred, finding that the statute, as enacted and applied, did not exclude claims for mesne profits. The legal principle applied was that statutes of limitation are to be construed according to their plain meaning, and that the historical context and purpose of the statute supported its application to mesne profits.

The court found in favour of the plaintiff, holding that the action for mesne profits was not barred by the Statute of Limitations 1623.