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Civil Law (Wrongs) Act 2002
20Each of several wrongdoers can be sued
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20 Each of several wrongdoers can be sued
(1) A judgment or decision against a person for damage caused by a
wrong does not bar an action against someone else who is also liable
for the same damage.
(2) However, if separate actions are brought in relation to the same
damage—
(a) the total amount recovered in the actions cannot exceed the
amount of damages awarded in the judgment or decision given
first or, if that amount is amended on appeal, the amount as
amended; and
(b) the plaintiff is only entitled to costs in the action for which
judgment or decision is given first (including costs on appeal
from the judgment or decision), unless the court considers there
were reasonable grounds for bringing the actions separately.
Part 2.5 Proceedings against and contributions between wrongdoers