New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 35B

35B Liability of concurrent tortfeasors

(1) In this section,
"damages" ,
"entitled person" and
"liable person" have the meanings respectively ascribed thereto in section 35A.

(2) Where an entitled person is entitled to recover damages independently of this Act both from the Crown and from another liable person and--

(a) the entitled person recovers damages from the other liable person but does not seek to recover damages from, or does not proceed to judgment against, the Crown, or

(b) judgment in an action by the entitled person is given against both the Crown and the other liable person but the entitled person refuses to accept satisfaction of the judgment against the Crown,

section 35A applies to the case as if the entitled person had not been entitled to recover the damages from the Crown, and the Crown has, to the extent of the amount, if any, of the benefit paid by the Authority, a defence to an action by the other liable person against the Crown for a contribution as a concurrent tortfeasor.

(3) A reference in this section to the Authority includes a reference to the Self Insurance Corporation to the extent that this section applies in relation to benefits paid from the Supplementary Fund.