New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 35A

35A 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 of the plaintiff.

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