New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 95

95 Joint liability

(cf Act No 52 1970, section 97)

(1) If two or more persons have a joint liability and, in any proceedings, judgment on the liability is given against one or more but not all of them--

(a) the liability of the other or others of them is not discharged by the judgment or by any step taken for the enforcement of the judgment, and

(b) after the judgment takes effect, those of them against whom the judgment is given and the other or others of them become liable, as between those of them against whom the judgment is given on the one hand and the other or the others of them on the other hand, severally but not jointly, and

(c) if there are two or more such persons against whom the judgment is not given, they remain, after the judgment takes effect, jointly liable amongst themselves, and

(d) if the judgment is satisfied wholly or in part by payment or by recovery under execution, the liability of the persons against whom the judgment is not given is taken also to have been satisfied in the amount of the payment or recovery.

(2) This section does not affect a person's right to contribution or indemnity in respect of the person's satisfaction, wholly or in part, of a liability that the person has (whether jointly or severally or jointly and severally) with any other person.

(3) This section does not apply to a judgment to which section 5 (1) (a) of the Law Reform (Miscellaneous Provisions) Act 1946 applies.

(4) In this section,
"liability" includes liability in contract, liability in tort and liability under a statute.