A contractual provision agreeing not to plead limitation defences, entered into before a cause of action has accrued, is not void as against public policy. The word 'defeated' in a restrictive legislation clause in a mortgage is apt to describe the effect of limitation provisions and is sufficient to exclude the Limitation of Actions Act 1974 (Qld). Where a mortgage clause validly excludes s 13 of the Limitation of Actions Act, s 24(1) does not operate to extinguish the mortgagee's title because the limitation period has never applied and hence never expired.
The full text is available to signed-in members, including the 1 later case that cites this judgment.