The right to contribution between concurrent tortfeasors under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) extends to the costs payable by the defendant to the plaintiff, not merely to damages. The contributing tortfeasor's share of costs is determined by the same measure as the contribution to damages under s 5(2) — what is just and equitable having regard to the extent of that person's responsibility for the damage. The question whether contribution extends to the defendant's own solicitor-client costs of defending the action remains open.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
5 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.