A plaintiff who is contributorily negligent is not a 'concurrent wrongdoer' within the meaning of s 34(2) of the Civil Liability Act 2002 (NSW); the distinction between contributory negligence and proportionate liability must be maintained. A consent judgment for 'damages to be assessed' resolves the defendant's liability for the whole of the plaintiff's loss and is inconsistent with a later assertion of proportionate liability without variation of the judgment. The apportionment provisions of Part 4 do not prevent a defendant from bringing a separate action for contribution against an alleged concurrent wrongdoer.
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