New South Wales Consolidated Acts
[Search this Act]
CIVIL LIABILITY ACT 2002 - SECT 35
Proportionate liability for apportionable claims
35 Proportionate liability for apportionable claims
(1) In any proceedings involving an apportionable claim--
(a) the liability of
a defendant who is a concurrent wrongdoer in relation to that claim is limited
to an amount reflecting that proportion of the damage or loss claimed that the
court considers just having regard to the extent of the defendant's
responsibility for the damage or loss, and
(b) the court may give judgment
against the defendant for not more than that amount.
(2) If the proceedings
involve both an apportionable claim and a claim that is not an apportionable
(a) liability for the apportionable claim is to be determined in
accordance with the provisions of this Part, and
(b) liability for the other
claim is to be determined in accordance with the legal rules, if any, that
(apart from this Part) are relevant.
(3) In apportioning responsibility
between defendants in the proceedings--
(a) the court is to exclude that
proportion of the damage or loss in relation to which the plaintiff is
contributorily negligent under any relevant law, and
(b) the court may have
regard to the comparative responsibility of any concurrent wrongdoer who is
not a party to the proceedings.
(4) This section applies in proceedings
involving an apportionable claim whether or not all concurrent wrongdoers are
parties to the proceedings.
(5) A reference in this Part to a defendant in
proceedings includes any person joined as a defendant or other party in the
proceedings (except as a plaintiff) whether joined under this Part, under
rules of court or otherwise.
AustLII: Copyright Policy