Section 1041Q — Corporations Act 2001 (Cth)

(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.

Related sections

• s 1041N — Proportionate liability for apportionable claims
• s 1041O — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
• s 1041P — Contribution not recoverable from defendant
• s 1041R — Joining non‑party concurrent wrongdoer in the action
• s 1041S — Application of Division
• s 1042A — Meaning of some terms relating to the insider trading prohibitions

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