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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 5 August 2020 at 00:42) Current version
Division 2 Liability
109ZJ Apportionment of liability
(1) After determining an award of damages in a building action or subdivision action, a court must give judgment against each contributing party for such proportion of the total amount of damages as the court considers to be just and equitable, having regard to the extent of that party’s responsibility for the loss or damage in respect of which the award is made.(2) Despite any Act or law to the contrary, the liability for damages of a contributing party is limited to the amount for which judgment is given against that party by the court.(3) A contributing party cannot be required:(a) to contribute to the damages apportioned to any other person in the same building action or subdivision action, or(b) to indemnify any such other person in respect of those damages.(4) In this section contributing party, in relation to a building action or subdivision action, means a defendant to the action found by the court to be jointly or severally liable for the damages awarded, or to be awarded, in the action.
109ZK Limitation on time when building action or subdivision action may be brought
(1) Despite any Act or law to the contrary:(a) a building action may not be brought in relation to any building work more than 10 years after the date on which the relevant final occupation certificate is issued, and(b) a subdivision action may not be brought in relation to any subdivision work more than 10 years after:(i) in the case of work completed before the relevant subdivision certificate is issued, the date on which the relevant subdivision certificate is issued, or(ii) in the case of work completed after the relevant subdivision certificate is issued, the date on which the compliance certificate that certifies that the work has been completed is issued.(2) This section does not operate to extend any period of limitation under the Limitation Act 1969.
109ZL Division not to affect rights to recover damages for death or personal injury
Nothing in this Division applies to or affects any right to recover damages for death or personal injury arising out of or concerning defective building work or subdivision work.