3Proceedings against, and contribution between, wrongdoers

3 Proceedings against, and contribution between, wrongdoers

(1)  [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] Where damage is suffered by a person as the result of a wrongful act –

(a) [Section 3 Subsection (1) amended by No. 39 of 2000, Sched. 1, Applied:29 Jun 2000] [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] judgment recovered against a person who is liable in respect of that damage is not a bar to an action against any other person who would, if sued by the person by whom the damage was suffered at the time when the cause of action arose, have been liable in respect of the same damage;

(b) [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] if more actions than one are brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of a dependant, of that person, against persons who are liable in respect of the damage the sums recoverable under the judgments given in those actions by way of damages shall not, in the aggregate, exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff is not entitled to costs unless the court is of the opinion that there was reasonable ground for bringing the action;

(c) [Section 3 Subsection (1) amended by No. 39 of 2000, Sched. 1, Applied:29 Jun 2000] [Section 3 Subsection (1) amended by No. 39 of 2000, Sched. 1, Applied:29 Jun 2000] [Section 3 Subsection (1) amended by No. 39 of 2000, s. 7, Applied:29 Jun 2000] a person who is liable in respect of that damage may recover contribution from any other person who is, or would, if sued by the person by whom the damage was suffered at the time when the cause of action arose, have been, liable in respect of the same damage but so that no person is entitled to recover contribution under this section from a person who is entitled to be indemnified by him in respect of the liability in respect of which the contribution is payable;