CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10 - MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES  

Division 2A - Proportionate liability for misleading and deceptive conduct  

SECTION 1041O   DEFENDANT TO NOTIFY PLAINTIFF OF CONCURRENT WRONGDOER OF WHOM DEFENDANT AWARE  

1041O(1)   [ Written notification]  

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.

1041O(2)   [ Costs of proceedings]  

The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.