Baxter v Obacelo Pty Ltd & Anor [2000] NSWCA 69

Baxter v Obacelo Pty Ltd & Anor [2000] NSWCA 69

Satisfaction of the judgment or payment under settlement with one joint tortfeasor does not, in this case, bar proceedings against the other joint tortfeasor because the settlement and judgment sum ($250,000) were not received in full satisfaction of the plaintiffs' loss, and s 5(1)(b) does not restrict recovery in the same action against joint tortfeasors. The respondents must give credit for the settlement sum in any further recovery, but are entitled to proceed.

Parties
Claimant: Phillip Julius Baxter; Opponent: Obacelo Pty Ltd; Opponent: Richard Thomas Moon
Jurisdiction
Australia
Judgment Date
31 March 2000
Procedural Posture
Appeal / Application for Leave to Appeal With Substantive Issues Determined as a Separate Question
Outcome
Application for leave to appeal dismissed; separate question decided in the negative for the applicant; claimant to pay opponents' costs.
Legal Topics
Joint Tortfeasors, Settlement, Bar to Proceedings, Law Reform (miscellaneous Provisions) Act 1946, Double Satisfaction, Summary Dismissal
Torts Civil Procedure Joint Tortfeasors Settlement Bar to Proceedings Law Reform (miscellaneous Provisions) Act 1946 Double Satisfaction Summary Dismissal

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Parties

Phillip Julius Baxter

Claimant

Obacelo Pty Ltd

Opponent

Richard Thomas Moon

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal With Substantive Issues Determined as a Separate Question

Legal Issues

  1. 1 Whether s 5(1)(b) Law Reform (Miscellaneous Provisions) Act 1946 restricts recovery in actions against joint tortfeasors joined in same proceedings after settlement with one defendant
  2. 2 Whether satisfaction of the judgment against one joint tortfeasor bars further proceedings against another joint tortfeasor
  3. 3 Whether settlement and payment of a settlement sum to plaintiffs bars further proceedings against another defendant for the same loss

Ratio Decidendi

Satisfaction of the judgment or payment under settlement with one joint tortfeasor does not, in this case, bar proceedings against the other joint tortfeasor because the settlement and judgment sum ($250,000) were not received in full satisfaction of the plaintiffs' loss, and s 5(1)(b) does not restrict recovery in the same action against joint tortfeasors. The respondents must give credit for the settlement sum in any further recovery, but are entitled to proceed.

Court Disposition

Application for leave to appeal dismissed; separate question decided in the negative for the applicant; claimant to pay opponents' costs.

Orders

  • Application for leave to appeal dismissed
  • Order that it be separately decided whether the matters of defence in paras 16-22 of the defence filed on 11 June 1998 provide a defence to the opponents' claim against the claimant