Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 47

Right of contribution

47. Right of contribution



(1) If-

   (a)  owing to the fault of two or more vessels, a person on board one of
        those vessels suffers loss of life or personal injuries; and

   (b)  a proportion of the damages is recovered from the owner of one of
        those vessels which exceeds the proportion in which that vessel was at
        fault-

that owner may, subject to subsection (2), recover by way of contribution the
amount of the excess from the owners of the other vessels in proportion to the
degree to which each vessel was at fault.





(2) An amount cannot be recovered by way of contribution if it could not have
been recovered in the first instance as damages by the person entitled to sue
for them because of-

   (a)  any limitation of liability, whether statutory or contractual; or

   (b)  any exemption from liability; or

   (c)  any other reason.

(3) Subject to this Act, for the purpose of recovering any amount by way of
contribution under subsection (1) the person entitled to make that recovery
has the same rights and powers as the person entitled to sue for damages in
the first instance.

Division 3-Fires