State of New South Wales v Kennelly (No 2)

The Supreme Court of New South Wales, Court of Appeal, heard the matter of *State of New South Wales v Kennelly (No 2)*. The dispute concerned the application of the *Workers Compensation Act 1987* (NSW) and the principles of joint and several tortfeasors, particularly where the Crown was a tortfeasor in a different capacity.

The primary legal issue before the Court was whether the Crown, having been found liable as a joint tortfeasor in one capacity, could be held liable for the full amount of a judgment in favour of the plaintiff, despite the plaintiff also having received a payment from another tortfeasor. The Court was required to consider the construction of the relevant provisions of the *Workers Compensation Act 1987* (NSW) concerning the effect of payments made by one tortfeasor on the liability of another, and the application of the "slip rule" in the context of such judgments.

The Court's reasoning focused on the statutory framework governing joint tortfeasors and the impact of payments received by an injured party. It was held that the *Workers Compensation Act 1987* (NSW) did not alter the common law position regarding joint tortfeasors, and that a payment made by one tortfeasor to the injured party did not necessarily extinguish or reduce the liability of another joint tortfeasor to the extent of that payment. The Court applied principles of statutory construction to interpret the relevant provisions, concluding that the Crown's liability was not discharged by the payment made by the other tortfeasor.

The Court ordered that the appeal be dismissed, upholding the original judgment against the State of New South Wales.