New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CIVIL LIABILITY ACT 2002 - SECT 34A
Certain concurrent wrongdoers not to have benefit of apportionment
34A Certain concurrent wrongdoers not to have benefit of apportionment
(1) Nothing in this Part operates to limit the liability of a
concurrent wrongdoer (an
"excluded concurrent wrongdoer" ) in proceedings involving an apportionable
claim if-- (a) the concurrent wrongdoer intended to cause the economic loss or
damage to property that is the subject of the claim, or
(b) the
concurrent wrongdoer fraudulently caused the economic loss or damage to
property that is the subject of the claim, or
(c) the civil liability of the
concurrent wrongdoer was otherwise of a kind excluded from the operation of
this Part by section 3B.
(2) The liability of an
excluded concurrent wrongdoer is to be determined in accordance with the legal
rules, if any, that (apart from this Part) are relevant.
(3) The liability of
any other concurrent wrongdoer who is not an excluded concurrent wrongdoer is
to be determined in accordance with the provisions of this Part.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback