CAP. 377]
Civil Liability (Contribution)
Assessment of contribution. 1978 c. 47, s. 2.
(Cap. 23.)
[1984 Ed.
(4) A person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established.
(5) On assessing any contribution under this section the court shall disregard any part of the payment in respect of which the contribution is sought which appears to the court to be excessive.
(6) A judgment given in any action brought by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution as to any issue determined by that judgment in favour of the person from whom the contribution is sought.
(7) In this section-
(a) references to a person's liability in respect of any damage are references to any such liability which has been or could be established in an action brought by or on behalf of the person who suffered the damage; but it is immaterial whether any issue arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong;
(b) "payment" includes payment in kind or by way of services or other arrangement whatsoever if such payment in kind or services or arrangement has a monetary value reasonably capable of being determined.
4. (1) Subject to subsection (3), in any proceedings for contribution under section 3 the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage in question.
(2) Subject to subsection (3), the court shall have power in any such proceedings to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) Where the amount of the damages which have or might have been awarded in respect of the damage in question in any action brought by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to-
(a) any limit imposed by or under any law or by any agreement made before the damage occurred;
(b) any reduction by virtue of section 21 of the Law Amendment and Reform (Consolidation) Ordinance; or
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CAP. 377]
Civil Liability (Contribution)
Assessment of contribution. 1978 c. 47, s. 2.
(Cap. 23.)
[1984 Ed.
(4) A person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accord- ance with this section without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established.
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(5) On assessing any contribution under this section the court shall disregard any part of the payment in respect of which the contribution is sought which appears to the court to be excessive.
(6) A judgment given in any action brought by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution as to any issue determined by that judgment in favour of the person from whom the contribution is sought.
(7) In this section-
(a) references to a person's liability in respect of any damage are references to any such liability which has been or could be established in an action brought by or on behalf of the person who suffered the damage; but it is immaterial whether any issue arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong;
(b) "payment" includes payment in kind or by way of services or other arrangement whatsoever if such payment in kind or services or arrangement has a monetary value reason- ably capable of being determined.
4. (1) Subject to subsection (3), in any proceedings for con- tribution under section 3 the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage in question.
(2) Subject to subsection (3), the court shall have power in any such proceedings to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
(3) Where the amount of the damages which have or might have been awarded in respect of the damage in question in any action brought by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to-
(a) any limit imposed by or under any law or by any agree-
ment made before the damage occurred;
(b) any reduction by virtue of section 21 of the Law Amend-
ment and Reform (Consolidation) Ordinance; or
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