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CIVIL LIABILITY ACT 2002 - SECT 19
Third party contributions
19 Third party contributions
(1) This section applies when a person (
"the claimant" ) is entitled to an award of damages in respect of death or
injury against a person (
"the defendant" ) and also against another person (
"the third party" ), and the award against the defendant is an award to which
this Part applies but the award against the third party is not an award to
which this Part applies.
(2) A court determining the amount of the
contribution (
"the defendant's contribution" ) to be recovered by the third party from
the defendant must-- (a) determine the defendant's contribution as a
percentage, being such percentage as the court thinks just and equitable
(having regard to the extent of the responsibility of the defendant and
the third party, respectively, for the claimant's damages), and
(b) determine
the amount of damages to which the claimant is, or would be, entitled in
accordance with this Part (as if the award of damages against the third party
were not excluded from the operation of this Part), and
(c) fix the amount of
the defendant's contribution by applying the percentage determined under
paragraph (a) to the amount of damages determined under paragraph (b).
(3)
The amount of damages that may be recovered by the claimant from
the third party is to be reduced by the difference between-- (a) the amount of
the contribution to which the third party would have been entitled (but for
this section) from the defendant, and
(b) the amount of the defendant's
contribution calculated under subsection (2).
(4) Subsection (3) does not
limit any greater reduction (applicable under any other law, including any
other Part of this Act) in the amount of damages that may be recovered by
the claimant from the third party.
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