sec.40Contribution between tortfeasors

### sec.40 Contribution between tortfeasors An action for contribution under the Law Reform Act 1995 , section 6 (c) shall not be brought after the expiration of the first of the following periods to expire— a period of limitation of 2 years running from the date on which the right of action for contribution first accrues to the plaintiff or to a person through whom the plaintiff claims; a period of limitation of 4 years running from the date of the expiration of the period of limitation for the principal action. For the purposes of subsection (1) (a) , the date on which a right of action for contribution first accrues is— if the plaintiff in the action for contribution or a person through whom the plaintiff claims is liable in respect of the damage for which contribution is claimed by judgment in a civil action or by arbitral award—the date on which the judgment is given or the award made whether or not in the case of a judgment the judgment is afterwards varied as to quantum of damages; or if, in a case to which paragraph (a) does not apply, the plaintiff in the action for contribution or a person through whom the plaintiff claims makes an agreement with a person having a right of action for the damage for which the right of action for contribution arises, which agreement fixes, as between the parties to the agreement, the amount of the liability in respect of that damage of the plaintiff in the action for contribution or a person through whom the plaintiff claims—the date on which the agreement is made. In subsection (1) (b) — the period of limitation for the principal action means the period of limitation prescribed by this Act or by any other enactment (including an enactment repealed by this Act) for the action for the liability in respect of which contribution is sought. Nothing in this section affects the construction of the Law Reform Act 1995 , section 6 . s 40 amd 2002 No. 34 s 74 sch 6 (sec.40-ssec.1) An action for contribution under the Law Reform Act 1995 , section 6 (c) shall not be brought after the expiration of the first of the following periods to expire— a period of limitation of 2 years running from the date on which the right of action for contribution first accrues to the plaintiff or to a person through whom the plaintiff claims; a period of limitation of 4 years running from the date of the expiration of the period of limitation for the principal action. (sec.40-ssec.2) For the purposes of subsection (1) (a) , the date on which a right of action for contribution first accrues is— if the plaintiff in the action for contribution or a person through whom the plaintiff claims is liable in respect of the damage for which contribution is claimed by judgment in a civil action or by arbitral award—the date on which the judgment is given or the award made whether or not in the case of a judgment the judgment is afterwards varied as to quantum of damages; or if, in a case to which paragraph (a) does not apply, the plaintiff in the action for contribution or a person through whom the plaintiff claims makes an agreement with a person having a right of action for the damage for which the right of action for contribution arises, which agreement fixes, as between the parties to the agreement, the amount of the liability in respect of that damage of the plaintiff in the action for contribution or a person through whom the plaintiff claims—the date on which the agreement is made. (sec.40-ssec.3) In subsection (1) (b) — the period of limitation for the principal action means the period of limitation prescribed by this Act or by any other enactment (including an enactment repealed by this Act) for the action for the liability in respect of which contribution is sought. (sec.40-ssec.4) Nothing in this section affects the construction of the Law Reform Act 1995 , section 6 . - (a) a period of limitation of 2 years running from the date on which the right of action for contribution first accrues to the plaintiff or to a person through whom the plaintiff claims; - (b) a period of limitation of 4 years running from the date of the expiration of the period of limitation for the principal action. - (a) if the plaintiff in the action for contribution or a person through whom the plaintiff claims is liable in respect of the damage for which contribution is claimed by judgment in a civil action or by arbitral award—the date on which the judgment is given or the award made whether or not in the case of a judgment the judgment is afterwards varied as to quantum of damages; or - (b) if, in a case to which paragraph (a) does not apply, the plaintiff in the action for contribution or a person through whom the plaintiff claims makes an agreement with a person having a right of action for the damage for which the right of action for contribution arises, which agreement fixes, as between the parties to the agreement, the amount of the liability in respect of that damage of the plaintiff in the action for contribution or a person through whom the plaintiff claims—the date on which the agreement is made.