Tag Archives: Limitations of Actions

Queensland Supreme Court not afraid to strike out claim for limitation of actions defence

The decision of Port Ballidu Pty Ltd v Frews Lawyers & Ors [2017] QSC19 delivered in February 2017 gives clarity to two aspects of the law concerning limitation periods in Queensland.

The decision is significant for two reasons. Firstly, the court considered it appropriate to grant summary judgment on the basis of a limitation of actions defence. Secondly, the Queensland Supreme Court followed a decision of Gerace v Auzhair Supplies Pty Ltd [2014] 87 NSWLR 435, in that a court will apply a limitation period by analogy to a claim for equitable compensation when there is sufficient similarity between that equitable claim and a common law action which has a statutory limitation period.

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