Section 58FZI — Competition and Consumer Act 2010 (Cth)

(1) For a claim under subsection 58FZC(1), nothing in this Subdivision or any other law prevents a plaintiff (or a victim) who has previously recovered judgment against a concurrent wrongdoer for an apportionable part of any loss or damage from bringing another action against any other concurrent wrongdoer for that loss or damage.

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

Related sections

• s 58FZF — Proportionate liability for claims involving concurrent wrongdoers
• s 58FZG — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
• s 58FZH — Contribution not recoverable from defendant
• s 58FZJ — Joining non‑party concurrent wrongdoer in the action
• s 58FZK — Application of this Subdivision
• s 58FZL — Public warning notices

Research how courts apply s 58FZI

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