A concurrent tortfeasor who is not a party to a consent judgment between the plaintiff and another tortfeasor is not bound by the quantum of that consent judgment in contribution proceedings under s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA). The consent judgment establishes the fact of the settling tortfeasor's liability but the quantum of the contribution must be independently assessed. A discontinuance by the plaintiff against a defendant does not prevent that defendant from being treated as a tortfeasor liable for the purposes of contribution proceedings under s 7(1)(c).
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