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LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 - SECT 10

LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 - SECT 10

10—Procedural provision

        (1)         If a defendant entitled to a limitation of liability under this Part has reasonable grounds to believe that a person who is not a party to the action may be liable on the plaintiff's claim, the defendant must, as soon as practicable, provide the plaintiff with information that is in the defendant's possession, or reasonably available to the defendant (and not equally available to the plaintiff), about—

            (a)         the other person's identity and whereabouts; and

            (b)         the circumstances giving rise to the other person's liability.

        (2)         If a defendant fails to comply with its obligation under this section, a court may order the defendant to pay costs incurred in proceedings that could have been avoided if the obligation had been carried out.

        (3)         A court may order that costs payable under this section be assessed on the basis of an indemnity.