South Australian Current Acts

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PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 - SECT 158

158—Negation of joint and several liability in certain cases

        (1)         If—

            (a)         building work is defective; and

            (b)         the defect or defects arise from the wrongful acts or defaults of 2 or more persons; and

            (c)         those persons would, apart from this section, be jointly and severally liable for damage or loss resulting from the defective work; and

            (d)         an action is brought against any 1 or more of those persons to recover damages for that damage or loss,

the court may only give judgment against a defendant, or each defendant, for such amount as may be just and equitable having regard to the extent to which the act or default of that defendant contributed to the damage or loss.

        (2)         An act or default for which a person is vicariously liable will be taken to be an act or default of that person for the purposes of this section.



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