CSR LIMITED & ANOR v MAREE ANNE D'ARCY [1999] NSWCA 216

CSR LIMITED & ANOR v MAREE ANNE D'ARCY [1999] NSWCA 216

The agreement by MMI to pay $40,000 in consideration for discontinuance, which was not paid, did not affect the plaintiff's entitlement to damages against CSR and Midalco, as the plaintiff is entitled to proper compensation for concurrent injury and the rule against double compensation is not engaged until double satisfaction occurs. No error of fact or law affected the exercise of discretion to refuse to amend the judgment.

Jurisdiction
Australia
Judgment Date
15 July 1999
Procedural Posture
Appeal / Court of Appeal Decision Following Dust Diseases Tribunal Judgment and Subsequent Motion to Amend Judgment
Outcome
Appeal dismissed with costs; leave to appeal granted
Legal Topics
['negligence' 'apportionment of Damages' 'appeals' 'double Compensation' 'rescission/amendment of Judgment']
['tort Law' 'civil Procedure'] ['negligence' 'apportionment of Damages' 'appeals' 'double Compensation' 'rescission/amendment of Judgment']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Decision Following Dust Diseases Tribunal Judgment and Subsequent Motion to Amend Judgment

Legal Issues

  1. 1 ['Whether new evidence regarding a payment from a discontinued defendant (MMI) warranted deduction from the judgment sum' "Whether the Tribunal had discretion to amend or rescind orders after the Court of Appeal's final order" 'Applicability of the rule against double compensation' 'Disclosure duty of solicitor regarding consideration for discontinuance']

Ratio Decidendi

The agreement by MMI to pay $40,000 in consideration for discontinuance, which was not paid, did not affect the plaintiff's entitlement to damages against CSR and Midalco, as the plaintiff is entitled to proper compensation for concurrent injury and the rule against double compensation is not engaged until double satisfaction occurs. No error of fact or law affected the exercise of discretion to refuse to amend the judgment.

Court Disposition

Appeal dismissed with costs; leave to appeal granted

Orders

  • ['Leave to appeal granted' 'Appeal dismissed with costs']