Commonwealth Numbered Regulations

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Right of contribution

             (1)  If:

                     (a)  a person suffers personal injury or dies on board a vessel because of the fault of the vessel and another vessel; and

                     (b)  a proportion of the damages is recovered against the owner of one of the vessels; and

                     (c)  the proportion of the damages recovered exceeds the proportion in which the vessel was at fault;

the owner may recover by way of contribution the amount of the excess from the owner of the other vessel to the extent to which that vessel was at fault.

             (2)  This section does not allow an amount to be recovered by a person entitled to sue for damages which the person could not otherwise recover.

             (3)  In addition to any other remedy provided by law, a person entitled to a contribution in accordance with subsection (1), for the purpose of recovering the contribution, has the same rights and powers as a person entitled to sue for damages.


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