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CIVIL LAW (WRONGS) ACT 2002 - SECT 21 Right of contribution

CIVIL LAW (WRONGS) ACT 2002 - SECT 21

Right of contribution

    (1)     A person (the first person ) who is liable for damage caused by a wrong can recover contribution from someone else (a contributory ) who is also liable for the same damage.

    (2)     The contribution must be an amount that the court considers just and equitable having regard to the extent of the contributory's responsibility for the damage.

    (3)     However, the first person is not entitled to contribution under this section if—

        (a)     the first person is liable to indemnify the contributory against the contributory's liability for the damage; or

        (b)     the court exempts the contributory from liability to make contribution; or

        (c)     the court has directed that contribution to be recovered from a person for the damage is a complete indemnity for the damage.