Newcrest Mining Ltd v Thornton

HIGH COURT OF AUSTRALIAFRENCH CJ,HEYDON, CRENNAN, KIEFEL AND BELL JJNEWCREST MINING LIMITED  APPELLANTANDMICHAEL EMERY THORNTON  RESPONDENTNewcrest Mining Limited v Thornton[2012] HCA 6013 December 2012P59/2011ORDERAppeal dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentationB W Walker QC with P Kulevski for the appellant (instructed by DLA Piper Australia)B L Nugawela with B W Ashdown for the respondent (instructed by Chapmans)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNewcrest Mining Limited v Thornton Negligence – Damages – Statutory limit on recoverability of damages – Section 7(1)(b) of Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) provides that person bringing more than one action in respect of damage suffered as the result of a tort cannot recover more than "the amount of the damages awarded by the judgment first given" – Settlement of claim against concurrent tortfeasor given effect by consent judgment – Subsequent claim brought against different concurrent tortfeasor – Whether statutory limitation on recoverability of damages applied to subsequent claim.Words and phrases – "award", "consent judgment", "damages awarded by the judgment first given".Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA), s 7(1)(b).FRENCH CJ.Introduction A person who has suffered damage as the result of a tort or torts and brings separate actions against tortfeasors liable in respect of the damage cannot recover more than "the amount of the damages awarded by the judgment first given". That is the substance of s 7(1)(b) of...