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Civil Law (Wrongs) Act 2002
107ECertain wrongdoers not to have benefit of apportionment
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107E Certain wrongdoers not to have benefit of apportionment
(1) This chapter does not limit the liability of a concurrent wrongdoer (an
excluded concurrent wrongdoer) in a proceeding involving an
apportionable claim if the concurrent wrongdoer intended to cause,
or fraudulently caused, the economic loss or damage to property the
subject of the claim.
(2) The liability of an excluded concurrent wrongdoer must be decided
in accordance with the legal rules (if any) that, apart from this chapter,
are relevant.
(3) The liability of any other concurrent wrongdoer is to be decided in
accordance with this chapter.