(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 3A.
(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.
[Section 5AJA inserted: No. 43 of 2004 s. 8.]