Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 24

Recovery of contribution2

24. Recovery of contribution2



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(2) Subject to subsections (2A) and (2B), in any proceedings for contribution
under section 23B the amount of the contribution recoverable from any person
shall be such as may be found by the jury or by the court if the trial is
without a jury to be just and equitable having regard to the extent of that
person's responsibility for the damage; and the jury or the court if the trial
is without a jury 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.

(2A) Where the amount of the damages which have or might have been awarded in
respect of the damage in question in an action brought in Victoria by or on
behalf of the person who suffered it against the person from whom the
contribution is sought was or would have been subject to-

   (a)  any limit imposed by or under any enactment or by any agreement made
        before the damage occurred;

   (b)  any reduction by virtue of section 26; or

   (c)  any corresponding limit or reduction under the law of a place outside
        Victoria-

the person from whom the contribution is sought shall not by virtue of any
contribution awarded under section 23B be required to pay in respect of the
damage a greater amount than the amount of those damages as so limited or
reduced.

(2B) If in any proceedings for contribution under section 23B the jury or the
court, if the trial is without a jury, finds that the amount of any payment
made or agreed to be made in settlement or compromise of a claim was excessive
the jury or the court (as the case requires) in assessing the amount of the
contribution recoverable from any person shall disregard any part of the
payment which appears to it to have been excessive.

(2C) Nothing in subsection (2B) applies to a settlement or compromise of a
claim of a minor or person of unsound mind that has been approved by the
court.

(3) No execution for the recovery of contribution under section 23B shall
issue without the leave of the court. Upon application for such leave the
court may direct that payment to the original plaintiff shall be sufficient
satisfaction of the order for contribution.

(4) Notwithstanding any provision in any statute requiring a notice to be
given before action or prescribing the period within which an action may be
brought, where under section 23B any person becomes entitled to a right to
recover contribution in respect of any damage from any other person,
proceedings to recover contribution by virtue of that right may be commenced
by the first-mentioned person-

   (a)  at any time within the period-

   (i)  within which the action against the first-mentioned person might have
        been commenced; or

   (ii) within the period of twelve months after the writ in the action
        against the first-mentioned person was served on him- whichever is the
        longer; or

   (b)  where another person liable in respect of that damage, within the
        period within which the action against him might have been commenced
        or within twelve months after the writ in the action was served on
        him, serves a writ on the first-mentioned person seeking to recover
        contribution in respect of that damage from the first-mentioned
        person-at any time within the period of six months after that writ is
        so served.



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(5) For the removal of doubt, if an action (the existing action) was commenced
in a court against the first-mentioned person referred to in subsection (4)
before 1 October 2003, the period referred to in subsection (4)(a)(i) is to be
taken to be the period within which the existing action might have been
brought at the time the existing action was brought.



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