The exemption power under s 5(2) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) is available even where both tortfeasors are independently at fault; there is no implicit limitation restricting exemption or complete indemnity to cases of vicarious or derivative liability. A settlement between co-defendants as to their respective shares of liability cannot bind the apportionment exercise in contribution proceedings involving other tortfeasors. A claim for damages for breach of contract, where the loss is economic (even if measured by reference to personal injury damages paid to a third party), is not a claim 'for damages for personal injury' within s 60G of the Limitation Act 1969 (NSW), and the court has no power to extend time under that provision for such a claim.
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