No common law right of contribution exists between joint tortfeasors independently of s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW). Even if equity were to recognise such a right, the limitation period under s 26 of the Limitation Act 1969 would apply by analogy. The rationale for equitable contribution is not satisfied where the judgment debt was paid by third parties rather than by the plaintiff personally. Whether equity now recognises contribution between joint tortfeasors remains an open question, with the court identifying significant obstacles to such recognition.
The full text is available to signed-in members, including the 28 later cases that cite this judgment.
3 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.