25Special provisions for Amaca liabilities as concurrent wrongdoer

#### 25 Special provisions for Amaca liabilities as concurrent wrongdoer 25 Special provisions for Amaca liabilities as concurrent wrongdoer > > (1) If Amaca’s liability under this Part pursuant to the settlement or determination of a Marlew asbestos claim is a joint liability as a concurrent wrongdoer in relation to the claim, the provisions of this section apply to Amaca’s liability and the liability of any other concurrent wrongdoer (collectively referred to in this section as the other concurrent wrongdoers) in relation to the claim. > > > (2) The plaintiff is required to pursue recovery of the plaintiff’s damages from the other concurrent wrongdoers and is only entitled to recover from Amaca as a defendant of last resort. Amaca’s liability to the plaintiff as a defendant of last resort is liability solely to the extent (if any) that the plaintiff is unable to recover from any of the other concurrent wrongdoers. > > > (3) None of the other concurrent wrongdoers is entitled to recover contribution from Amaca as a concurrent wrongdoer, and the other concurrent wrongdoers are liable for the purposes of rights of contribution as between themselves as if Amaca’s share of contribution had been shared between them in proportion to their shares of contribution among themselves. > > > (4) Amaca is entitled to recover from the other concurrent wrongdoers any payment made by Amaca to the plaintiff in respect of Amaca’s liability as a concurrent wrongdoer, and for that purpose— > > > > > (a) the other concurrent wrongdoers are jointly and severally liable to Amaca for the amount of any such payment made to the plaintiff by Amaca, and > > > > > (b) any such amount recoverable by Amaca is recoverable in a court of competent jurisdiction as a debt due to Amaca from the other concurrent wrongdoers, and > > > > > (c) any of the other concurrent wrongdoers from whom Amaca recovers in respect of any such payment to the plaintiff is entitled to recover contribution from the other concurrent wrongdoers (but not from Amaca) in proportion to their shares of contribution among themselves. > > > (5) For the purposes of this section, a plaintiff is considered to be unable to recover damages from a concurrent wrongdoer if, and only if, the plaintiff has made a demand for payment of damages by the concurrent wrongdoer after judgment in favour of the plaintiff takes effect and the concurrent wrongdoer has failed to pay the damages within 28 days after the demand for payment was made. > > > (6) The expression other concurrent wrongdoers includes a single concurrent wrongdoer if the concurrent liability of Amaca is a concurrent liability with only one other concurrent wrongdoer.