Newcrest Mining Limited v Thornton [2012] HCA 60

Newcrest Mining Limited v Thornton [2012] HCA 60

Section 7(1)(b) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) does not apply where the first judgment is a consent judgment entered to give effect to a settlement; such a sum is not 'damages awarded by the judgment' because awarding implies judicial determination, not mere approval of agreement between parties.

Parties
Appellant: Newcrest Mining Limited; Respondent: Michael Emery Thornton
Jurisdiction
Australia
Judgment Date
13 December 2012
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Contributory Negligence, Statutory Limitation of Damages, Consent Judgment, Concurrent Tortfeasors
Torts Negligence Contributory Negligence Statutory Limitation of Damages Consent Judgment Concurrent Tortfeasors

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Parties

Newcrest Mining Limited

Appellant

Michael Emery Thornton

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Does s 7(1)(b) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) preclude further recovery where the 'judgment first given' is a consent judgment entered to effect a settlement?
  2. 2 Is a sum agreed in a consent judgment 'damages awarded by the judgment' within the meaning of s 7(1)(b)?

Ratio Decidendi

Section 7(1)(b) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) does not apply where the first judgment is a consent judgment entered to give effect to a settlement; such a sum is not 'damages awarded by the judgment' because awarding implies judicial determination, not mere approval of agreement between parties.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.