1615Orders—joint liability

1615 Orders—joint liability (a) 2 or more people are jointly liable in relation to a cause of action in a proceeding; and (b) 1 or more, but not all, of the people jointly liable are served with

Rule 1615 (2) The court may enter judgment in relation to the cause of action against any 1 or more of the people served with the originating process, and the judgment may be enforced against anyone against whom judgment is entered. (3) If judgment is entered in relation to the cause of action against 1 or more, but not all, of the people jointly liable in relation to the cause of action— (a) the liability of the people jointly liable against whom judgment is not entered (the other people) is not discharged by the judgment or any enforcement of the judgment; and (b) the people against whom judgment is entered (the judgment parties) and the other people are, as between the judgment parties on the one hand and the other people on the other hand, liable severally but not jointly; and (c) if there are 2 or more other people—the other people are jointly liable as between themselves; and (d) if the judgment is satisfied or partly satisfied—the liability of the other people is discharged to the extent to which the judgment is satisfied. (4) Subrule (3) does not affect a person’s right to contribution or indemnity in relation to the person’s satisfaction of all or part of a liability that the person has (whether jointly, severally or jointly and severally) with anyone else. (5) This rule does not apply to a proceeding to which the Civil Law (Wrongs) Act 2002, section 107F (Proportionate liability for apportionable claims) applies.

Rule 1616