Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In relation to an
apportionable claim, nothing in this Part 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) In any proceedings
in respect of any action referred to in subsection (1) 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.
[Section 5AM inserted by No. 58 of 2003
s. 9.]