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When economic loss or damage to property is caused by two or more wrongdoers either jointly, or when acting without a common purpose, the wrongdoers are referred to as ‘concurrent’ tortfeasors'.
Under legislation, claims for compensation against concurrent tortfeasors are considered ‘apportionable claims’. It means that one defendant cannot be sued for the entire amount - each defendant’s liability is limited to what the court considers is just and equitable, having regard to the extent of their responsibility for the damage or loss.
There are exceptions to this rule. If a defendant doesn’t inform the plaintiff about the existence of other potential defendants, or if the defendant sued caused the loss/damage either intentionally or fraudulently, then that defendant is liable for the entire amount of loss suffered by the plaintiff.
See, for example, Pt 4 of the Civil Liability Act 2002 (NSW).
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