HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, NETTLE AND EDELMAN JJBRISBANE CITY COUNCIL APPELLANT
AND
EDWARD AMOS RESPONDENT
Brisbane City Council v Amos
[2019] HCA 27
4 September 2019
B47/2018
ORDER
Appeal dismissed with costs.
On appeal from the Supreme Court of Queensland
Representation
S L Doyle QC with A L Wheatley for the appellant (instructed by Brisbane City Council)
F L Harrison QC with P G Jeffery for the respondent (instructed by Keller Nall & Brown Solicitors)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
Limitation of actions – Debts created by statute – Debts secured by charge – Where Council commenced proceeding against respondent for overdue rates and charges – Where overdue rates and charges secured by charge – Where respondent argued claim was an action to recover a sum recoverable by virtue of an enactment under s 10(1)(d) of Limitation of Actions Act 1974 (Qld) – Where Council argued claim was an action to recover a principal sum of money secured by a charge and subject to s 26(1) of the Act – Where proceeding falls within both ss 10(1)(d) and 26(1) – Whether s 26(1) applies to exclude operation of s 10(1)(d).
Words and phrases – "Barnes v Glenton", "claim in rem", "limitation of actions", "overlap between limitation periods", "personal claim", "real claim", "sums secured by mortgage or charge", "what claims are within limitation statutes".
Limitation of Actions Act 1974 (Qld), ss 10(1)(d), 26(1).
KIEFEL CJ AND EDELMAN J.
Introduction
The appellant, the Brisbane City Council ("the Council"), is responsible for the local government of Brisbane. The respondent, Mr Amos, was the registered owner of rateable land on which the Council levied various rates and charges. The Council acted pursuant to its statutory duties and powers to levy rates and charges[1]. Legislation also provides that "overdue rates and charges are a charge on the land"[2]. The Council brought this proceeding relevantly to recover overdue and unpaid rates, with interest, levied upon Mr Amos' rateable land by rates notices issued in the period 30 April 1999 to 9 January 2012. Mr Amos resisted the Council's claim for a number of different reasons. Only one remains in this Court. It is which of two potentially applicable limitation periods, a six year limitation period or a 12 year limitation period, applies to the Council's claims. If the Council is correct that the only limitation period that applies is a provision that creates a 12 year limitation period, then there is a second question concerning the manner of operation of that provision in relation to the Council's claim for interest.
[1]City of Brisbane Act 1924 (Qld), ss 48, 62; City of Brisbane Act 2010 (Qld), s 96 and s 98, empowering City of Brisbane (Finance, Plans and Reporting) Regulation 2010 (Qld), s 59(1)(a), (b), now City of Brisbane Regulation 2012 (Qld), s 119(1)(a), (b). Rates levied under the earlier City of…
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- Case
- [2019] HCA 27
- Decision Date
CaseChat Overview and Summary
The legal issues before the High Court were whether section 26(1) of the *Limitation of Actions Act 1974* (Qld), which deals with actions to recover principal sums secured by a charge, excludes the operation of section 10(1)(d) of the same Act, which pertains to actions to recover sums recoverable by virtue of an enactment, when a claim fits within both categories. The Court also considered the proper interpretation of previous decisions, particularly *Douglas Morris Investments*, and the application of the maxim *generalia specialibus non derogant* in resolving potential inconsistencies between statutory provisions.
The High Court held that section 26(1) does not exclude the operation of section 10(1)(d). The Court reasoned that the language of section 26(1) did not support such an exclusion, nor did the legislative history of the provision. The Court found that the proposition that section 26(1) excludes section 10(1)(d) contradicted a long line of judicial decisions and legal texts. The Court rejected the Council's submission that the two sections should be interpreted as applying to entirely distinct spheres of operation, noting that the *Limitation of Actions Act 1974* was enacted against a historical acceptance that both sections could apply to personal claims, an approach the Court found coherent.
The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: KIEFEL CJ, GAGELER J, KEANE J, NETTLE J
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