Pleading of proportionate liability defence under section 35 of the Civil Liability Act 2002 (NSW)
Until the Civil Liability Regulations 2009 were made on 1 September 2009 this action was not an “apportionable claim” under s 35 of the Civil Liability Act as the cause of action accrued before 26 July 2004: Reg 3 Civil Liability Regulations 2003
Nor was it a claim to which the now repealed s 109ZJ of the Environmental Planning and Assessment Act 1989 (NSW) (EP&A Act) applied as the action was commenced after 26 July 2004: Item 8 of Sch 1 to the Civil Liability Act
Case Details
Citation[2009] NSWSC 1480
CourtNSWSC
JurisdictionNew South Wales
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