Section 34A — Civil Liability Act 2002 (NSW)

(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.

Related sections

• s 32 — Mental harm—duty of care
• s 33 — Liability for economic loss for consequential mental harm
• s 34 — Application of Part
• s 35 — Proportionate liability for apportionable claims
• s 35A — Duty of defendant to inform plaintiff about concurrent wrongdoers
• s 36 — Contribution not recoverable from defendant

Research how courts apply s 34A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.