WRONGS ACT 1958 - SECT 24AD Savings

WRONGS ACT 1958 - SECT 24AD

    (1)     This Part as amended by the Wrongs (Contribution) Act 1985 shall not affect any case where the debt in question became due or (as the case requires) the damage in question occurred before the commencement of that Act.

    (2)     A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 23B by reference to any liability based on breach of any obligation assumed by that person before the commencement of the Wrongs (Contribution) Act 1985 .

    (3)     This Part as in force immediately before the commencement of the Wrongs (Contribution) Act 1985 shall continue to apply with respect to torts committed before the commencement of that Act.

    (4)     The right to recover contribution in accordance with section 23B supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Part in corresponding circumstances but nothing in this Part shall affect—

        (a)     any express or implied contractual or other right to indemnity; or

        (b)     any express contractual provision regulating or excluding contribution—

which would be enforceable apart from this Part or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Part.

    (5)     Nothing in this Part shall—

        (a)     affect any criminal proceedings against any person in respect of any wrongful act; or

S. 24AD(5)(b) amended by No. 57/1989 s. 3(Sch.

item 223.6).

        (b)     affect the operation of sections 45 to 47 of the Supreme Court Act 1986 .

S. 24ADA inserted by No. 26/2023 s. 70.