A defaulting borrower and guarantor are not concurrent wrongdoers with a negligent valuer under Part IVAA of the Wrongs Act 1958 because the borrower's failure to repay the loan is not 'the same damage' as the valuer's negligent overvaluation causing the lender to accept inadequate security. Lending institutions claiming loss of use of funds as damages for negligent valuation must adduce evidence of their cost of funds, probability of placing funds at specified rates of return, and default rates — it is not sufficient to assert that because the institution is in the business of lending money, it must have suffered a loss equal to the contractual rate of return on the failed transaction.
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