Section 5(1)(b) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) does not apply to limit recovery in a second action against a joint or concurrent tortfeasor where the 'judgment first given' is a consent judgment entered to give effect to a settlement, because 'damages awarded' requires a judicial assessment of the quantum of damages. A plaintiff who settles with one tortfeasor by consent judgment remains free to pursue a second action against another tortfeasor, subject to the common law rule against double satisfaction. The question whether a plaintiff who settles on the basis that a first tortfeasor is liable for exacerbation caused by a second tortfeasor is estopped from later denying that liability was left open.
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