Civil Liability Act 2002

If – a defendant in proceedings involving an apportionable claim has reasonable grounds to believe that a particular person (the "other person") may be a concurrent wrongdoer in relation to the claim; and the defendant fails to give the plaintiff, as soon as practicable, written notice of the information that the defendant has about – the identity of the other person; and the circumstances that may make the other person a concurrent wrongdoer in relation to the claim; and the plaintiff unnecessarily incurs costs in the proceedings because the plaintiff was not aware that the other person may be a concurrent wrongdoer in relation to the claim – the court hearing the proceedings may order that the defendant pay all or any of those costs to the plaintiff.

The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise.