Equitable third party liability

Pauline Ridge
Joachim Dietrich

Article comments

Interim status: Citation only.

Dietrich, J. and Ridge, P. (2008). Equitable third party liability. Law quarterly review, (124), 26-31.

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Abstract

Extract:

The unanimous judgment of Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 (May 24, 2007) marks the first time in 30 years that the High Court of Australia has had the opportunity to consider and clarify the equitable liability of third parties to breach of trust or fiduciary duty. Hence, it was also the first opportunity for the High Court to consider the possibility of recognising a strict liability unjust enrichment claim in factual circumstances encompassed by equity’s knowing receipt rule.