12CEffect of settlement on proceedings by or against joint and several tortfeasors

#### 12C Effect of settlement on proceedings by or against joint and several tortfeasors 12C Effect of settlement on proceedings by or against joint and several tortfeasors > > (1) For the avoidance of doubt, settlement with one or more joint tortfeasors in or in relation to proceedings before the Tribunal and who are liable in respect of damage as a result of a dust-related condition is not a bar to recovery against one or more other joint tortfeasors (whether or not they are defendants in the proceedings), unless the terms of the settlement otherwise provide. > > > (2) A tortfeasor who settles proceedings before the Tribunal that are brought against the tortfeasor by a plaintiff in respect of damage as a result of a dust-related condition is not precluded from recovering contribution in respect of that same damage under section 5 (1) (c) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033) from any other tortfeasor (whether a joint tortfeasor or otherwise) who is not a party to the settlement only because a judgment giving effect to that settlement has been entered in favour of the plaintiff without the Tribunal having considered the merits of the case. > > > (3) This section does not affect the operation or interpretation of section 5 (1) (a) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033). > > **s 12C:** Ins 1998 No 130, Sch 1 \[5\].