sec.454DState may recover contribution in particular circumstances

### sec.454D State may recover contribution in particular circumstances The State may recover contribution from the local government for an indemnified liability of the local government but only if the circumstances stated in subsection (2) , (3) or (4) exist. The official conduct giving rise to the liability was engaged in— other than in good faith; and with gross negligence. The local government engaged in conduct that the local government knew, or ought reasonably to have known, could have prejudiced the State’s defence of a claim, or potential claim, relating to the liability. The local government did not, at its cost, reasonably cooperate with, and assist, the State to defend the claim that resulted in the liability. In a proceeding under this section to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. s 454D ins 2014 No. 65 s 43 (sec.454D-ssec.1) The State may recover contribution from the local government for an indemnified liability of the local government but only if the circumstances stated in subsection (2) , (3) or (4) exist. (sec.454D-ssec.2) The official conduct giving rise to the liability was engaged in— other than in good faith; and with gross negligence. (sec.454D-ssec.3) The local government engaged in conduct that the local government knew, or ought reasonably to have known, could have prejudiced the State’s defence of a claim, or potential claim, relating to the liability. (sec.454D-ssec.4) The local government did not, at its cost, reasonably cooperate with, and assist, the State to defend the claim that resulted in the liability. (sec.454D-ssec.5) In a proceeding under this section to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. - (a) other than in good faith; and - (b) with gross negligence.