High Court of Australia
OF AUSTRALIA.
{HIGH COURT OF AUSTRALIA.]
COUNCIL OF THE CITY OF BRISBANE . APPELLANTS; AND
HIS MAJESTY'S ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (AT THE RELATION OF JAMES RESPONDENT. THOMAS ISLES, A RATEPAYER OF | THE CITY OF BRISBANE) . . .
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
Local Authorities Act (Queensland) (1902, No. 19), secs. 191, 192, 209, 210, 261, H.C. or A.
265, 371—Duty of Council to keep separate accounts of rates from separate divisions—Duty to expend rates in division where raised—Declaration and injunction, claim of —Notice of action—Period of limitation—Demurrer.
Sec. 871 of the Local Authorities Act (Queensland) (1902, No. 19), which provides (inter alia) that no action shall be brought against a local authority for 'anything done or intended or omitted to be done" under the Act until one month after notice in writing to the local authority, and that any such action must be brought within six months of the accruing of the cause of action, has no application to a claim relating to the future, and a claim for a declaration of right or for an injunction is a claim of that nature.
'The words "anything . . . intended . . . tobe done" in that section mean anything done which at the time it was dene was intended to be done in obedience to the Act.
A ratepayer brought an action against a local authority alleging that a duty was imposed on the authority by sec. 265 of the Act to expend the rates col- lected in any ward upon that ward, and that the authority had not fulfilled that duty, and claiming a declaration of his rights under that section, an injunction, and an account of the past transactions of the authority. The authority pleaded the two defences permitted by sec. 371, to which the plaintiff demurred, Vor. IV. 16
BrisBaNk, Oct. 5, 6.
Griffith C.J., Barton and O'Connor JJ.
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