New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 34
Application of Part
34 Application of Part
(1) This Part applies to the following claims (
"apportionable claims" ):
(a) a claim for economic loss or damage to property
in an action for damages (whether in contract, tort or otherwise) arising from
a failure to take reasonable care, but not including any claim arising out of
(b) a claim for economic loss or damage to property in an
action for damages under the Fair Trading Act 1987 for a contravention of
section 42 of that Act (as in force before its repeal by the Fair Trading
Amendment (Australian Consumer Law) Act 2010 ) or under the Australian
Consumer Law (NSW) for a contravention of section 18 of that Law.
the purposes of this Part, there is a single apportionable claim in
proceedings in respect of the same loss or damage even if the claim for the
loss or damage is based on more than one cause of action (whether or not of
the same or a different kind).
(2) In this Part, a
"concurrent wrongdoer" , in relation to a claim, is a person who is one of two
or more persons whose acts or omissions (or act or omission) caused,
independently of each other or jointly, the damage or loss that is the subject
of the claim.
(3) For the purposes of this Part, apportionable claims are
limited to those claims specified in subsection (1).
(3A) This Part does not
apply to a claim in an action for damages arising from a breach of statutory
warranty under Part 2C of the Home Building Act 1989 and brought by a person
having the benefit of the statutory warranty.
(4) For the purposes of this
Part it does not matter that a concurrent wrongdoer is insolvent, is being
wound up or has ceased to exist or died.
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