I move amendment No. 47 :
In subsection (1), page 14, lines 29, 30, 32, 34 and 36, to delete " party " and substitute " person ".
SECTION 29
Amendment agreed to.
I move amendment No. 48 :
In subsection (2), page 14, line 38, to delete " party's " and substitute " person's ".
Amendment agreed to.
I move amendment No. 49 :
In subsection (3), page 14, lines 42, 44, 47 and 49, to delete " party " and substitute " person ".
Amendment agreed to.
I move amendment No. 50 :
In subsection (4), page 14, line 53, to delete " party's " and substitute " person 's".
Amendment agreed to.
I move amendment No. 51 :
In subsections (4) and (5), page 14, lines 55 and 56, to delete " party " and substitute " person ".
Amendment agreed to.
I move amendment No. 52:
In subsection (5), page 15, lines 2 and 4, to delete " party " and substitute " person ".
Amendment agreed to.
I move amendment No. 53 :
In subsection (5), page 15, line 5, to delete " party's " and substitute " person 's".
Amendment agreed to.
I move amendment No. 54 :
In subsection (6), page 15, lines 13 and 17, to delete " parties " and substitute " persons ".
Amendment agreed to.
I move amendment No. 55 :
In subsection (6), page 15, to delete paragraph (b).
The point here is a simple one. By deleting paragraph (b) we ensure that the estoppel in paragraph (a) will apply to parties even though they are acting in different capacities. In order to see exactly what is proposed, it is necessary to read the preceding paragraph (a) It is as follows:
"(6) (a) A decision on the proportion of responsibility between claimant and contributor on a claim for contribution shall be binding upon the same parties in a subsequent claim in respect of damage suffered by one or both of them arising out of the same facts, and, conversely, such a decision in a claim in respect of such damage shall be binding upon the same parties in a subsequent claim for contribution".
That is what is known as the res judicata rule, and the law is that the rule applies except where the party concerned is taking action in the second instance in a different capacity. Now I am proposing that the rule should apply in every case. Whether you are taking two actions in different capacities, one, for instance, in your own right, and the other as, say, an executor, or in some other capacity of that nature, the provisions of paragraph (a) will apply.
That means that as long as you are claiming out of the same set of facts, your capacity is irrelevant.
That is right. You are bound by the proportions decided in the original action.
Amendment agreed to.
I move amendment No. 56 :
In subsection (7), page 15, line 23, to delete " party " and substitute " person ".
Amendment agreed to.
I move amendment No. 57 :
In subsection (7), page 15, line 23 to delete " party's " and substitute " person's ".
Amendment agreed to.
I move amendment No. 58 :
In subsection (7), page 15, line 25 to delete " party " and substitute " person ".
Amendment agreed to.
I move amendment No. 59 :
In subsection (7), page 15, line 27 to delete " party's " and substitute " person's ".
Amendment agreed to.
I move amendment No. 60 :
In subsection (8), page 15, line 30, to delete " party " and substitute " person ".
Amendment agreed to.
Section 29, as amended, agreed to.