Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:3_1041q
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 3 cl 1041Q
Character Range: 305932–306649

1041Q  Subsequent actions

 (1) In relation to an apportionable claim, nothing in this Division or any other law prevents a plaintiff who has previously recovered judgment against a concurrent wrongdoer for an apportionable part of any damage or loss from bringing another action against any other concurrent wrongdoer for that damage or loss.

 (2) However, in any proceedings in respect of any such action, the plaintiff cannot recover an amount of damages that, having regard to any damages previously recovered by the plaintiff in respect of the damage or loss, would result in the plaintiff receiving compensation for damage or loss that is greater than the damage or loss actually sustained by the plaintiff.