Northern Territory Numbered Acts

PROPORTIONATE LIABILITY ACT 2005 (NO 18 OF 2005) - SECT 12

    (1)     This section applies if –

    (a)     a defendant in a proceeding has reasonable grounds to believe that another person may be a concurrent wrongdoer in relation to the apportionable claim;

    (b)     the defendant does not give the plaintiff, 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; and

    (c)     the plaintiff unnecessarily incurs costs in the proceeding because the plaintiff does not know the other person may be a concurrent wrongdoer.

    (2)     The court may order the defendant to pay all or any of those costs unnecessarily incurred.

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