South Australian Numbered Acts

LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) (PROPORTIONATE LIABILITY) AMENDMENT ACT 2005 (NO 32 OF 2005) - SECT 7

7—Amendment, redesignation and relocation of section 5—Judgment does not bar an action against person who is also liable for the same harm

        (1)         Section 5(4)—delete subsection (4) and substitute:

        (4)         The "relevant amount" is—

            (a)         in a case that does not involve apportionable liability—the amount of damages awarded in the judgment first given (or, if that amount is varied on appeal, the amount as varied);

            (b)         in a case involving apportionable liability—the amount fixed in the judgment first given as the plaintiff's notional damages ¹ (or, if that amount is varied on appeal, the amount as varied).

1         See section 8.

        (2)         Section 5—redesignate the section as amended by this section as section 12 and relocate it so that it follows the heading to Part 4—General provision (see section 11 of this Act).