SUPREME COURT ACT 1935 - SECT 28
SUPREME COURT ACT 1935 - SECT 28
28 . Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels
(1) Where loss of life
is or personal injuries are suffered by any person on board a vessel owing to
the fault of that vessel and any vessel or vessels, and a proportion of the
damage is recovered against the owner of one of the vessels which exceeds the
proportion in which she was in fault, he may recover by way of contribution
the amount of the excess from the owners of the other vessels to the extent to
which those vessels were respectively in fault.
(1A) However, no
amount shall be recovered which could not by reason of any statutory or
contractual limitation of or exemption from liability, or which could not for
any other reason, have been recovered in the first instance as damages by the
persons entitled to sue therefor.
(2) In addition to any
other remedy provided by law, the persons entitled to any contribution as
provided by subsection (1) shall, for the purposes of recovering the
contributions, have, subject to the provisions of this Act, the same rights
and powers as the persons entitled to sue for damages in the first instance.
[Section 28 amended: No. 19 of 2010 s. 51.]
[ 29. Deleted: No. 20 of 2005 s. 18(1).]