CORPORATIONS ACT 2001 - SECT 1041Q Subsequent actions
CORPORATIONS ACT 2001 - SECT 1041Q
Subsequent actions(1) In relation to an apportionable claim, nothing in this Division or any other law prevents a plaintiff who has previously recovered judgment against a concurrent wrongdoer for an apportionable part of any damage or loss from bringing another action against any other concurrent wrongdoer for that damage or loss.
(2) However, in any proceedings in respect of any such action,
the plaintiff cannot recover an amount of damages that, having regard to any
damages previously recovered by the plaintiff in respect of the damage or
loss, would result in the plaintiff receiving compensation for damage or loss
that is greater than the damage or loss actually sustained by the plaintiff.