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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.