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CIVIL LAW (WRONGS) ACT 2002 - SECT 49 Definitions—ch 5

CIVIL LAW (WRONGS) ACT 2002 - SECT 49

Definitions—ch 5

In this chapter:

"claim" means a claim (however described) for damages based on a liability for personal injury, whether the liability is based in tort or contract or on another form of action (including breach of statutory duty), and, for a fatal injury, includes a claim for the dead person's dependants or estate.

"claimant" means a person by whom, or on whose behalf, a claim is made.

"complying notice of claim" means a notice of claim under section 51 (Notice of claim) or section 55 (Claimant may add later respondents) that is given as required under this chapter.

"contribution notice"—see section 57 (Respondent may add someone else as contributor).

"contributor" means a person added as a contributor under section 57 (Respondent may add someone else as contributor).

"court", in relation to a claim, means—

        (a)     if a proceeding based on a claim has been begun—the court hearing the proceeding; or

        (b)     if no proceeding based on the claim has been begun—a court with jurisdiction to hear the claim.

"insurer", of a person in relation to a claim, means the insurer or other entity providing, or purportedly providing, the person cover or an indemnity against the claim.

"party" means claimant, respondent or contributor.

"respondent" means a person who—

        (a)     is a respondent under section 51 (Notice of claim); or

        (b)     is a later respondent under section 55 (Claimant may add later respondents).