PROCEDURE - judgments and orders - amending, varying and setting aside - leave sought by Fourth Cross Defendant to amend defence - question of proportionate liability - concurrent wrongdoer - whether Part 4 of the Civil Liability Act applies - proportionate liability provisions do not apply - failure to plead reliance on these provisions in defence - Part 4 of the Civil Liability Act must be pleaded by defendant - late amendment - leave refused
TORTS - negligence - apportionment of responsibility and damages
PROCEDURE - costs - departing from the general rule - conduct of parties - orders made
Case Details
Citation[2010] NSWSC 509
CourtNSWSC
JurisdictionNew South Wales
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