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Newcrest Mining Limited v Thornton

[2012] HCA 60
Case number
P59/2011
Before
French CJ, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Negligence – Damages – Statutory limit on recoverability of damages – Section 7(1)(b) of Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) provides that person bringing more than one action in respect of damage suffered as the result of a tort cannot recover more than "the amount of the damages awarded by the judgment first given" – Settlement of claim against concurrent tortfeasor given effect by consent judgment – Subsequent claim brought against different concurrent tortfeasor – Whether statutory limitation on recoverability of damages applied to subsequent claim.

Words and phrases – "award", "consent judgment", "damages awarded by the judgment first given".

Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) – s 7(1)(b).

Files
60.rtf (498.43 KB)
60.pdf (285.33 KB)