Section 35A — Civil Liability Act 2002 (NSW)

(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.

Related sections

• s 34 — Application of Part
• s 34A — Certain concurrent wrongdoers not to have benefit of apportionment
• s 35 — Proportionate liability for apportionable claims
• s 36 — Contribution not recoverable from defendant
• s 37 — Subsequent actions
• s 38 — Joining non-party concurrent wrongdoer in the action

Research how courts apply s 35A

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