The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.
Judgment date
Case number
S10/2001
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords
Torts – Joint tortfeasors - Satisfaction - Settlement with one tortfeasor - Entry of consent judgment against one tortfeasor - Settlement figure less than total damages claimed by the respondents - Whether settlement prevented respondents continuing claim against other tortfeasor - Whether cause of action against joint tortfeasors is one and indivisible - Whether settlement was paid and received in "full satisfaction" of respondents' loss.
Practice and procedure – Rule against "double satisfaction" - Settlement amount in first action less than amount otherwise recoverable in second action - Respondents conceded that credit is to be given for the amount recovered upon settlement of the first action - Whether second action in breach of rule against "double satisfaction" - Nature of the rule against "double satisfaction".
Words and phrases – "full satisfaction" - "double satisfaction" - "action" - "cause of action".
Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – s 5(1).
Law Reform (Married Women and Tortfeasors) Act 1935 (UK) – 6(1).