34ACertain concurrent wrongdoers not to have benefit of apportionment

#### 34A Certain concurrent wrongdoers not to have benefit of apportionment 34A Certain concurrent wrongdoers not to have benefit of apportionment > > (1) Nothing in this Part operates to limit the liability of a concurrent wrongdoer (an excluded concurrent wrongdoer) in proceedings involving an apportionable claim if— > > > > > (a) the concurrent wrongdoer intended to cause the economic loss or damage to property that is the subject of the claim, or > > > > > (b) the concurrent wrongdoer fraudulently caused the economic loss or damage to property that is the subject of the claim, or > > > > > (c) the civil liability of the concurrent wrongdoer was otherwise of a kind excluded from the operation of this Part by section 3B. > > > (2) The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules, if any, that (apart from this Part) are relevant. > > > (3) The liability of any other concurrent wrongdoer who is not an excluded concurrent wrongdoer is to be determined in accordance with the provisions of this Part. > > **s 34A:** Ins 2003 No 94, Sch 2 \[6\].