Baxter v Obacelo Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJPHILLIP JULIUS BAXTER  APPELLANTANDOBACELO PTY LTD & ANOR  RESPONDENTSBaxter v Obacelo Pty Ltd[2001] HCA 6615 November 2001S10/2001ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:D F Jackson QC with D P Robinson for the appellant (instructed by Baker & McKenzie)A J Sullivan QC with D T Miller for the respondents (instructed by Moray & Agnew)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBaxter v Obacelo Pty LtdTorts – Joint tortfeasors – Satisfaction – Settlement with one tortfeasor – Entry of consent judgment against one tortfeasor – Settlement figure less than total damages claimed by the respondents – Whether settlement prevented respondents continuing claim against other tortfeasor – Whether cause of action against joint tortfeasors is one and indivisible – Whether settlement was paid and received in "full satisfaction" of respondents' loss.Practice and procedure – Rule against "double satisfaction" – Settlement amount in first action less than amount otherwise recoverable in second action – Respondents conceded that credit is to be given for the amount recovered upon settlement of the first action – Whether second action in breach of rule against "double satisfaction" – Nature of the rule against "double satisfaction".Words and phrases – "full satisfaction" – "double satisfaction" – "action" – "cause of action".Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1).Law Reform (Married Women and Tortfeasors) Act 1935 (UK), 6(1).GLEESON CJ AND CALLINAN...