34Application of Part

#### 34 Application of Part 34 Application of Part > > (1) This Part applies to the following claims (apportionable claims)— > > > > > (a) a claim for economic loss or damage to property in an action for damages (whether in contract, tort or otherwise) arising from a failure to take reasonable care, but not including any claim arising out of personal injury, > > > > > (b) a claim for economic loss or damage to property in an action for damages under the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068) for a contravention of section 42 of that Act (as in force before its repeal by the [Fair Trading Amendment (Australian Consumer Law) Act 2010](/view/html/repealed/current/act-2010-107)) or under the Australian Consumer Law (NSW) for a contravention of section 18 of that Law. > > > (1A) For the purposes of this Part, there is a single apportionable claim in proceedings in respect of the same loss or damage even if the claim for the loss or damage is based on more than one cause of action (whether or not of the same or a different kind). > > > (2) In this Part, a concurrent wrongdoer, in relation to a claim, is a person who is one of two or more persons whose acts or omissions (or act or omission) caused, independently of each other or jointly, the damage or loss that is the subject of the claim. > > > (3) For the purposes of this Part, apportionable claims are limited to those claims specified in subsection (1). > > > (3A) This Part does not apply to a claim in an action for damages arising from a breach of statutory warranty under Part 2C of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) and brought by a person having the benefit of the statutory warranty. > > > (4) For the purposes of this Part it does not matter that a concurrent wrongdoer is insolvent, is being wound up or has ceased to exist or died. > > > (5) (Repealed) > > **s 34:** Ins 2002 No 92, Sch 1 \[5\]. Am 2003 No 94, Sch 2 \[1\]–\[5\]; 2010 No 107, Sch 3.2; 2011 No 52, Sch 2 \[1\].