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