Yesterday a majority of the High Court of Australia held that s
7(1)(b) of the Law Reform (Contributory Negligence and
Tortfeasors' Contribution) Act 1947 (WA) ("the
Act"), which provides that a person bringing more than one
action in respect of damage suffered as the result of a tort cannot
recover more than "the amount of the damages awarded by the
judgment first given", does not apply to a consent judgment
entered to give effect to an agreement to settle a proceeding.
In 2004 the respondent injured his knee in the course of his
employment at a mine site in Western Australia. The respondent
claimed workers' compensation payments and common law damages
from his employer. The claim was settled in 2007 by way of a
consent judgment entered in the District Court of Western
Australia, with no admission as to liability in respect of any
cause of action. In 2008, the respondent commenced proceedings for
negligence against the appellant, which owned and operated the
