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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

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

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.


 



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