Where contribution proceedings under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 determine the degrees of fault between tortfeasors for capital, interest and costs, a direct action between the same tortfeasors based on the same conduct cannot produce a different apportionment; the contribution orders fully absorb the liability. However, a tortfeasor may still recover in a direct action for its own costs of defending the original plaintiff's claim, as damages representing the costs of defending third party litigation are recoverable in tort where the litigation was a foreseeable consequence of the defendant's negligence. Knowledge of Ministers of the Crown whose duties are unrelated to a statutory corporation should not be attributed to that corporation.
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