CSR Limited & Anor v Maree Anne D'Arcy

[1999] NSWCA 216

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Double compensation
3. › Concurrent tortfeasors
4. › Agreement by one defendant to pay sum in return for discontinuance
5. › Whether unpaid settlement sum must be credited against judgment against remaining defendants
6. › Whether rule against double compensation engaged where no payment made
1. Judgments and Orders
2. › Satisfaction
3. › Joint and several liability
4. › Agreement on undisclosed terms by one defendant to pay sum in return for discontinuance
5. › Whether agreement without payment constitutes satisfaction of judgment against another defendant
1. Practice and Procedure
2. › Amendment and rescission of orders
3. › Discretion to amend or rescind
4. › New evidence
5. › Whether new evidence falsified basis of earlier decision
6. › Dust Diseases Tribunal Act 1989 (NSW), s 13(6)
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Dust Diseases Tribunal Act 1989 (NSW), s 32(2)(a)

Quick Take

An agreement by one co-defendant to pay a sum in return for discontinuance does not, without actual payment, engage the rule against double compensation so as to reduce the judgment sum against remaining joint tortfeasors. A plaintiff is entitled to judgment for the full amount of proper compensation against jointly and severally liable defendants, regardless of unpaid settlement agreements with other defendants. The question whether the Tribunal's power under s 13(6) survives an intervening Court of Appeal order on a different issue remains open.