LIMITATION ACT 1985 - SECT 21 Contribution between tortfeasors

LIMITATION ACT 1985 - SECT 21

    (1)     An action on a cause of action for a contribution under the Civil Law (Wrongs) Act 2002

, section 21 (Right of contribution) is not maintainable if brought after the first to end of—

        (a)     a limitation period of 2 years running from the date when the cause of action for contribution first accrues to the plaintiff or to a person through whom he or she claims; and

        (b)     a limitation period of 4 years running from the date of the end of the limitation period for the principal cause of action.

    (2)     For subsection (1) (a), the date when a cause of action for contribution first accrues is—

        (a)     if the plaintiff in the action for contribution or a person through whom he or she claims is liable in relation to the damage for which contribution is claimed by judgment in a civil action or by arbitral award—the date when the judgment is given or the award is made, whether or not, for a judgment, the judgment is afterwards varied as to quantum of damages; or

        (b)     if, in a case to which paragraph (a) does not apply, the plaintiff in the action for contribution or a person through whom he or she claims makes an agreement with a person having a cause of action for the damage for which the cause of action for contribution arises, which agreement fixes, as between the parties to the agreement, the amount of the liability in relation to that damage of the plaintiff in the action for contribution or a person through whom he or she claims—the date when the agreement is made.

    (3)     In subsection (1) (b):

"the limitation period for the principal cause of action" means the limitation period fixed by or under this Act or by or under any other law in force in the ACT for the cause of action for the liability in relation to which contribution is sought.