In proportionate liability claims under Part 4 of the Civil Liability Act 2002 (NSW), the 'damage or loss that is the subject of the claim' requires identification of the specific economic interest harmed, not merely the compensatory damages recoverable. Where a fraudster induces a lender to pay out money and a solicitor negligently fails to ensure effective mortgage security, these are different losses harming different economic interests, and the fraudster is not a concurrent wrongdoer in relation to the claim against the solicitor. The phrase 'the damage or loss that is the subject of the claim' in s 34(2) has the same meaning as 'the same damage' in s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946. The 'mutual discharge test' from Howkins & Harrison v Tyler is inadequate and potentially misleading.
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