LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1946 - SECT 5
Proceedings against and contribution between joint and several tort-feasors
LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1946 - SECT 5
Proceedings against and contribution between joint and several tort-feasors
5 Proceedings against and contribution between joint and several tort-feasors
(1) Where damage is suffered by any person as a result of a tort (whether a
crime or not):
(a) judgment recovered against any tort-feasor liable in
respect of that damage shall not be a bar to an action against any other
person who would, if sued, have been liable as a joint tort-feasor in respect
of the same damage,
(b) if more than one action is brought in respect of that
damage by or on behalf of the person by whom it was suffered, or for the
benefit of the estate, or of the spouse, brother, sister, half-brother,
half-sister, parent or child, of that person, against tort-feasors liable in
respect of the damage (whether as joint tort-feasors or otherwise) the sums
recoverable under the judgments given in those actions by way of damages shall
not in the aggregate exceed the amount of the damages awarded by
the judgment first given; and in any of those actions, other than that in
which judgment is first given, the plaintiff shall not be entitled to costs
unless the court is of opinion that there was reasonable ground for bringing
the action,
(c) any tort-feasor liable in respect of that damage may recover
contribution from any other tort-feasor who is, or would if sued have been,
liable in respect of the same damage, whether as a joint tort-feasor or
otherwise, so, however, that no person shall be entitled to recover
contribution under this section from any person entitled to be indemnified by
that person in respect of the liability in respect of which the contribution
is sought.
(2) In any proceedings for contribution under this section the
amount of the contribution recoverable from any person shall be such as may be
found by the court to be just and equitable having regard to the extent of
that person's responsibility for the damage; and the court shall have power to
exempt any person from liability to make contribution, or to direct that the
contribution to be recovered from any person shall amount to a complete
indemnity.
(3) For the purposes of this section:
(a) the expressions "parent" and "child" have the same meanings as they have
for the purposes of the Compensation to Relatives Act of 1897 as amended by
subsequent Acts, and
(b) the reference in this section to "the judgment first given" shall, in a
case where that judgment is reversed on appeal, be construed as a reference to
the judgment first given which is not so reversed and, in a case where a
judgment is varied on appeal, be construed as a reference to that judgment as
so varied, and
(c) the expression
"spouse" of a person includes the de facto partner of a person at the time of
his or her death.
(3A) For the purposes of this section, where a person commits a tort
and the Crown is vicariously liable under section 8 of the
Law Reform (Vicarious Liability) Act 1983 in respect of that tort, the Crown
and the person are joint tort-feasors.
(4) Nothing in this section shall:
(a)
apply with respect to any tort committed before the commencement of this Part,
or