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12 Found helpful • 11 Pages • Essays / Projects • Year: Pre-2021
In its discussion of accessory liability under the second limb of Barnes v Addy (1874) LR 9 Ch App 244, the High Court in Farah Constructions Pty Ltd v Say- Dee Pty Ltd (2007) 236 ALR 209 affirmed and clarified a test based on knowledge and left for another day the question as to whether accessory liability under the second limb of Barnes v Addy should be reformulated on the basis of dishonesty as applied by the Privy Council in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378. Discuss and compare the 2 different approaches to determining accessory liability under English law and Australian law respectively. In your discussion, consider also the extent to which if at all, each approach may result in a different outcome. Your answer should assess the advantages and disadvantages of each of them together with the approach which you favour and the reasons for that conclusion.
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