ss 1–7 DAMAGES (APPORTIONMENT AND ASSESSMENT) ACT (3) Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to a claimant by pleading and proving that the time within which proceedings should have been instituted or notice should have been given in connection with such proceedings in terms of any law has been exceeded, such person shall not, by virtue of that subsection, be entitled to recover damages from that claimant. (4) A claim by any person in respect of damage suffered as a consequence of the death of or injury to another person shall not be defeated by reason of the fact that the person who was killed or injured had an opportunity of avoiding the occurrence which resulted in his death or injury and negligently failed to do so. 5 Apportionment of damages in cases involving two or more wrongdoers Where any person suffers damage which was caused by the fault of two or more wrongdoers, whether or not they were acting in concert, the court may— (a) order that the amount of damages awarded be paid by the wrongdoers jointly or severally, the one paying the other or others to be absolved: Provided that the court may, at the request of one of the wrongdoers, specify the proportions of the damages payable by the wrongdoers amongst themselves as the court considers just and equitable, having regard to the respective degrees of fault of the wrongdoers; (b) order that the amount of damages awarded be paid by the wrongdoers in such proportions as the court considers just and equitable, having regard to the respective degrees of fault of the wrongdoers; (c) make such order as to costs as the court considers just and equitable in all the circumstances of the case, including an order that costs be paid— (i) jointly and severally by such persons as the court may specify, the one paying the others to be absolved: Provided that the court may, at the request of one of such persons, specify the proportions of the costs payable by such persons amongst themselves; (ii) in such proportions by such persons as the court considers just and equitable, having regard to the respective degrees of fault of those persons. 6 Joinder of all wrongdoers (1) If a person who suffers damage which was caused by the fault of two or more wrongdoers, whether or not they were acting in concert, brings an action for damages against one or more, but not all, of the wrongdoers concerned— (a) the claimant shall not be entitled thereafter to bring another action for damages in respect of the same cause of action against any other such wrongdoer who was not joined in the first action, without leave of the court granted upon good cause being shown; (b) any wrongdoer who has been joined in the action may, before the close of pleadings, give notice to any other wrongdoer, who has not been joined, of his entitlement to intervene in the action and, if he does not give such notice, shall not be entitled 526 [Chapter 8:06]