CIVIL LIABILITY ACT 2002 - SECT 35A
Duty of defendant to inform plaintiff about concurrent wrongdoers
CIVIL LIABILITY ACT 2002 - SECT 35A
Duty of defendant to inform plaintiff about concurrent wrongdoers
35A Duty of defendant to inform plaintiff about concurrent wrongdoers
(1) If-- (a) a defendant in proceedings involving an apportionable claim has
reasonable grounds to believe that a particular person (the
"other person" ) may be a concurrent wrongdoer in relation to the claim, and
(b) the defendant fails to give the plaintiff , as soon as practicable, written
notice of the information that the defendant has about-- (i) the identity of
the other person , and (ii) the circumstances that may make the other person a
concurrent wrongdoer in relation to the claim, and (c) the plaintiff
unnecessarily incurs costs in the proceedings because the plaintiff was not
aware that the other person may be a concurrent wrongdoer in relation to the
claim, the court hearing the proceedings may order that the defendant pay all
or any of those costs of the plaintiff . (2) The court may order that the
costs to be paid by the defendant be assessed on an indemnity basis or
otherwise.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s35a.html