Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 23A

PART IV CONTRIBUTION

Definitions

23A. Definitions



(1) For the purposes of this Part a person is liable in respect of any damage
if the person who suffered that damage, or anyone representing the estate or
dependents of that person, is entitled to recover compensation from the
first-mentioned person in respect of that damage whatever the legal basis of
liability, whether tort, breach of contract, breach of trust or otherwise.

(2) References in this Part to an action brought by or on behalf of the person
who suffered any damage includes references to an action brought for the
benefit of the estate or dependants of that person.

(3) In this Part-

action includes a proceeding commenced by way of counter-claim;

dependants means those persons for whose benefit an action could be brought
under Part III;

judgment first given means, in a case where that judgment is reversed on
appeal, the judgment first given which is not so reversed and, in a case where
that judgment is varied on appeal, that judgment as so varied;

writ includes-

   (a)  summons;

   (b)  in relation to a proceeding commenced by way of counter-claim, the
        notice or other document by which the proceeding is first notified to
        the defendant; and

   (c)  in relation to proceedings for contribution under section 23B, the
        notice or other document by which the proceedings may be originated.