New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 19

19 Third party contributions

(1) This section applies when a person ( "the claimant") is entitled to an award of damages in respect of death or injury against a person ( "the defendant") and also against another person ( "the third party"), and the award against the defendant is an award to which this Part applies but the award against the third party is not an award to which this Part applies.

(2) A court determining the amount of the contribution ( "the defendant’s contribution") to be recovered by the third party from the defendant must:

(a) determine the defendant’s contribution as a percentage, being such percentage as the court thinks just and equitable (having regard to the extent of the responsibility of the defendant and the third party, respectively, for the claimant’s damages), and

(b) determine the amount of damages to which the claimant is, or would be, entitled in accordance with this Part (as if the award of damages against the third party were not excluded from the operation of this Part), and

(c) fix the amount of the defendant’s contribution by applying the percentage determined under paragraph (a) to the amount of damages determined under paragraph (b).

(3) The amount of damages that may be recovered by the claimant from the third party is to be reduced by the difference between:

(a) the amount of the contribution to which the third party would have been entitled (but for this section) from the defendant, and

(b) the amount of the defendant’s contribution calculated under subsection (2).

(4) Subsection (3) does not limit any greater reduction (applicable under any other law, including any other Part of this Act) in the amount of damages that may be recovered by the claimant from the third party.