Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 73

73 Right of contribution

(1) This section applies if—

(a) loss of life or personal injury is suffered by a person on board a ship because of the fault of the ship and 1 or more other ships; and

(b) a proportion of the damages is recovered from 1 ship owner that is more than the proportion in which the ship was at fault.

(2) The ship owner may recover by way of contribution the amount of the excess from the owners of the other ships in proportion to the degree to which each ship was at fault.

(3) However, an amount may not be recovered by way of contribution if, for any reason, it could not have been recovered in the first instance as damages by the person entitled to sue for them.

(4) In addition to any other remedy provided by law and subject to this Act, a ship owner entitled to recover an amount under subsection (2) has, for the purposes of recovering the amount, the same rights and powers as the person entitled to sue for damages in the first instance.

Note—

For circumstances within the scope of the Navigation Act 2012 (Cwlth) , see section 176 (3) (c) of that Act.