The Tribunal ordered that TCM's liability of $125,628 on the Grossis' counterclaim be reduced by $35,000 (the settlement sum received from the architect) less the Grossis' taxed costs of proceeding against the architect, to avoid double recovery; the architect's waiver of $5,078.06 in unpaid fees was held not to constitute further compensatory recovery. Where a building owner settles with one concurrent wrongdoer on an 'all-in' basis inclusive of costs, the settling sum must be credited against the remaining defendant's liability, but the owner is entitled to deduct the costs of proceeding against the settling party before that credit is applied, following Boncristiano v Lohman and RACV Insurance v Unisys. The burden shifts to the plaintiff to account for the settlement once the defendant proves acceptance of a payment in concurrent claims.
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