CIVIL LIABILITY ACT 2002 - SECT 5AKA
CIVIL LIABILITY ACT 2002 - SECT 5AKA
5AKA . 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 to the
plaintiff.
(2) The court may
order that the costs to be paid by the defendant be assessed on an indemnity
basis or otherwise.
[Section 5AKA inserted: No. 43 of 2004 s. 9.]