(1) In any proceedings involving an apportionable claim
(a) the liability of a defendant who is a concurrent wrongdoer in relation to
that claim is limited to an amount reflecting that proportion of the damage or
loss claimed that the court considers just, having regard to the extent of the
defendant's responsibility for the damage or loss; and
(b) the court is not to give judgment against the defendant for more than that
amount.
(2) If the proceedings involve both an apportionable claim and a claim
that is not an apportionable claim
(a) liability for the apportionable claim is to be determined in accordance
with the provisions of this Part; and
(b) liability for the other claim is to be determined in accordance with the
legal rules, if any, that (apart from this Part) are relevant.
(3) In apportioning responsibility between defendants in the
proceedings
(a) the court is to exclude that proportion of the damage or loss in relation
to which the plaintiff is contributorily negligent under any relevant law; and
(b) the court is to have regard to the comparative responsibility of any
concurrent wrongdoer who is not a party to the proceedings.
(4) This section applies in proceedings involving an apportionable claim
whether or not all concurrent wrongdoers are parties to the proceedings.
(5) A reference in this Part to a defendant in proceedings includes any
person joined as a defendant or other party in the proceedings (except as a
plaintiff) whether joined under this Part, under rules of court or otherwise.