Law Reform (Miscellaneous Provisions) Act 1956

If a person suffers damage as the result partly of the person's failure to take reasonable care and partly of the wrong of another person or other persons:

a claim in respect of the damage is not defeated by reason of the contributory negligence of the person suffering the damage; and

the damages recoverable in respect of the wrong are to be reduced to the extent the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage.

Subsection (1) does not operate to defeat any defence arising under a contract.

If a contract or enactment providing for the limitation of liability is applicable to a claim in respect of damage referred to in subsection (1), the amount of damages recoverable by the claimant is not to exceed the maximum limit applicable under the contract or enactment.

Where damages are recoverable by a person by virtue of subsection (1) subject to the reduction specified in that subsection, the court shall find and record the total damages which, apart from any limitation of liability provided by contract or enactment or any limitation of the jurisdiction of the court, would have been recoverable but for the claimant's share in the responsibility for the damage.

Where damages are recoverable by virtue of subsection (1) subject to the reduction specified in that subsection, and a contract or enactment providing for a limitation of liability is applicable to the claim or the jurisdiction of the court is limited:

the total damages found in accordance with subsection (3) shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in responsibility for the damage, and the reduced amount is, except as provided in paragraph (b) the amount recoverable; and

if the amount of damages as reduced under paragraph (a) exceeds the limit provided for in the contract or enactment or the limit of the jurisdiction of the court, the court shall award the maximum amount of damages permitted by the contract or enactment, or by the limit of the court's jurisdiction.