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 two 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

Research Essay Topics
Students must choose one of the two available essay topics below:

TOPIC ONE:
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 two 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.

TOPIC TWO
In an address to a Commercial Law Conference, reported in (2002) 23 Aust Bar Rev 24, Hayne J observed:

Sir Peter Millett (now Lord Millett) identified three reasons for concluding that ‘Equity’s place in the law of commerce, long resisted by commercial lawyers, can no longer be denied’. First, there is the increasing complexity and professionalisation of commercial life and the fact that on each side of a commercial transaction there will very likely be relationships of trust and confidence. Secondly, he considered that ‘there has never been a greater need to impose on those who engage in commerce the high standards of conduct which equity demands’ — loyalty, fidelity, integrity, respect for confidentiality, and the disinterested discharge of obligations of trust and confidence. The third factor he identified was the profession’s discovery of the apparent advantages of alleging breaches of trust or fiduciary duty with the result that a statement of claim was to be considered seriously deficient if it did not contain reference to those concepts.

Discuss the role of equity in commercial life under Australian law.

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