Part 6 of the Motor Accidents Act 1988 (NSW) (pre-1995 amendments) does not cap damages recoverable against a tortfeasor whose negligence was unconnected with the use of a motor vehicle, even where that tortfeasor's negligence was concurrent with the negligence of a motor vehicle driver. A tortfeasor whose liability is capped by the MAA cannot be required to pay contribution exceeding the capped amount, but contribution up to that cap may be assessed by reference to the uncapped common law damages payable by the party claiming contribution. The question whether the same result would follow under the MAA after 1995 amendments or under MACA was expressly left open.
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