A third party tortfeasor sued by an injured worker can recover contribution from the worker's employer under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) even where subsequent amendments to the Workers Compensation Act 1987 have reduced the employer's primary liability to nil, provided there was a time after the worker's cause of action accrued when the employer would have been liable if sued. The s 151Z(2) calculation of contribution must be performed under the same damages regime as applies to the worker's claim against the third party, so that the November 2001 amendments do not apply to the contribution calculation where the worker's proceedings were commenced before those amendments.
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