Senior Courts Act 2016

Rules of court and miscellaneous provisions - Provisions and rules of general application

179: Judgment against one of several persons jointly liable not a bar to action against others

You could also call this:

"If one person is found liable in a court case, you can still take action against the others."

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You are involved in a court case with several people who are jointly liable. If the court makes a judgment against one or more of these people, it does not stop you from taking action against the others. This is unless the judgment has already been satisfied. You need to know this rule applies to all senior courts and other courts in New Zealand. It is about civil proceedings, which are cases where people or organisations take action against each other. The rule does not apply if the case is covered by Part 5 of the Law Reform Act 1936, which you can find on the Law Reform Act 1936 page. This means you can still take action against the other people involved, even if a judgment has been made against one or more of them. The court will consider each case separately, so a judgment against one person does not affect the others. You can find more information about the laws that apply to these cases on the Law Reform Act 1936 page.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759556.

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Part 6Rules of court and miscellaneous provisions
Provisions and rules of general application

179Judgment against one of several persons jointly liable not a bar to action against others

  1. This section applies to proceedings in any senior court or other court.

  2. A judgment against 1 or more of several persons jointly liable does not operate as a bar or defence to civil proceedings against any of the persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisfied.

  3. This section does not apply to any action or other proceeding to which Part 5 of the Law Reform Act 1936 applies.

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