South Australian Consolidated Acts South Australian Consolidated Acts12—Judgment does not bar an action against person who is also liable for
the same harm
(1) A judgment for
damages against one person does not bar an action against another person who
is also liable for the same harm.
(2) The general rule
is that if separate actions are brought for damages for the same harm—
(a) the
aggregate amount of damages recoverable in the actions cannot exceed the
relevant amount; and
(b) the
claimant is not entitled to costs in any action except the first.
(3) However, if a
court is satisfied that there were in the circumstances of a particular case
reasonable grounds for bringing the actions separately, the court may depart
from the general rule to the extent that it is fair and equitable to do so in
the circumstances of that case.
(4) The "relevant
amount" is—
(a) in a
case that does not involve apportionable liability—the amount of damages
awarded in the judgment first given (or, if that amount is varied on appeal,
the amount as varied);
(b) in a
case involving apportionable liability—the amount fixed in the judgment
first given as the plaintiff's notional damages 1 (or, if that amount is
varied on appeal, the amount as varied).
Note—
1 See section 8.