Motor Accidents (Compensation) Act 1979
Part 7Miscellaneous matters
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Part 7 Miscellaneous matters Motor Accidents (Compensation) Act 1979 44 (b) the indemnifier would have been entitled to contribution from other persons liable for the same tort; the extent to which the indemnifier is liable to indemnify the Commission is reduced accordingly. (7) The extent of a reduction of liability under subsection (6) is to be determined by agreement between the Commission and the indemnifier or, in the absence of agreement, by a court in which an action for recovery of the indemnity is brought. (8) The Commission may recover an indemnity under this section as a debt owed to the Commission by the indemnifier. (9) If: (a) the Commission brings an action against a natural person for recovery of an indemnity under this section; and (b) the court is satisfied that the recovery of the full amount of the indemnity against the defendant would cause serious financial hardship; the court may give judgment for a reduced amount that it considers reasonable in the circumstances.