South Australian Consolidated Acts

LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 - SECT 11

11—Separate proceedings

If a plaintiff brings separate actions for the same harm against wrongdoers who are entitled to a limitation of liability under this Part, the judgment first given (or that judgment as varied on appeal) determines for the purpose of all other actions—

            (a)         the amount of the plaintiff's notional damages; and

            (b)         the proportionate liability of each wrongdoer who was a party to the action in which the judgment was given; and

            (c)         whether the plaintiff was guilty of contributory negligence and, if so, the extent of that negligence.