15. Entitlement to contribution
Feedback & supportSubject to subsections (2) to (5), any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).
A person shall be entitled to recover contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, provided that he was so liable immediately before he made or was ordered or agreed to make the payment in respect of which the contribution is sought.
A person shall be liable to make contribution by virtue of subsection (1) notwithstanding that he has ceased to be liable in respect of the damage in question since the time when the damage occurred, unless he ceased to be liable by virtue of the expiry of a period of limitation or prescriptions which extinguished the right on which the claim against him in respect of the damage was based.
A person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established.
A judgment given in any action brought in Singapore by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution in favour of the person from whom the contribution is sought, provided that the judgment in his favour rested on a determination of the merits of the claim against him in respect of the damage.
action
“action” means an action brought in Singapore.(4) Nothing in sections 15, 16, 17 and 18 shall affect any case where the debt in question became due or, as the case may be, the damage in question occurred before 1 January 1999.(5) A person shall not be entitled to recover contribution or be liable to make contribution in accordance with section 15 by reference to any liability based on breach of any obligation assumed by him before 1 January 1999.(6) The right to recover contribution in accordance with section 15 supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under sections 15, 16, 17 and 18 in corresponding circumstances; but nothing in sections 15, 16, 17 and 18 shall affect —(a)any express or implied contractual or other right to indemnity; or(b)any express contractual provision regulating or excluding contribution,which would be enforceable apart from sections 15, 16, 17 and 18 (or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from sections 15, 16, 17 and 18). A person is liable in respect of any damage for the purposes of sections 15, 16, 17 and 18 if the person who suffered it (or anyone representing his estate or dependants) is entitled to recover compensation from him in respect of that damage (whatever the legal basis of this liability), whether tort, breach of contract, breach of trust or otherwise). References in sections 15, 16, 17 and 18 to an action brought by or on behalf of the person who suffered any damage include references to an action brought for the benefit of his estate or dependants. For the purposes of sections 15, 16, 17 and 18 —(a)“dependants” has the same meaning as in section 20; and(b)except in section 15(5),
References in this section to a person’s liability in respect of any damage are references to any such liability which has been or could be established in an action brought against him in Singapore by or on behalf of the person who suffered the damage; but it is immaterial whether any issues arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore.