Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 107G

Defendant to tell claimant about concurrent wrongdoers

    (1)     This section applies if—

        (a)     a defendant in a proceeding involving an apportionable claim has reasonable grounds to believe that a particular person (the other person ) may be a concurrent wrongdoer for the claim; and

        (b)     the defendant does not give the claimant, as soon as practicable, written notice of the information the defendant has about—

              (i)     the identity of the other person; and

              (ii)     the circumstances that may make the other person a concurrent wrongdoer for the claim; and

        (c)     the claimant unnecessarily incurs costs in the proceeding because the claimant did not know that the other person may be a concurrent wrongdoer for the claim.

    (2)     The court hearing the proceeding may order that the defendant pay all or part of the claimant's costs.

    (3)     The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise.



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