35ADuty of defendant to inform plaintiff about concurrent wrongdoers

#### 35A Duty of defendant to inform plaintiff about concurrent wrongdoers 35A Duty of defendant to inform plaintiff about concurrent wrongdoers > > (1) 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. > > > (2) The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise. > > **s 35A:** Ins 2003 No 94, Sch 2 \[7\].