Where a plaintiff settles defamation proceedings against one joint tortfeasor and the judgment is satisfied, s 5(1)(b) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) limits recovery in subsequent proceedings against another joint tortfeasor to the amount of the first judgment, and where that judgment has been satisfied, no further monetary recovery is available. 'Damage' in s 5(1)(b) means the harm suffered as the foreseeable consequence of the tort, not the quantum of damages awarded. Whether the unavailability of further recovery renders subsequent proceedings an abuse of process remains an open question where no concession to that effect is made — the Court identified several factors that might support the maintenance of such proceedings, including the vindicatory function of defamation damages.
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