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 SdnBhd v Tan [1995] 2 AC378.

 

Discuss the 2 approaches to determining accessory liability under the second limb of Barnes v Addy and assess the advantages and disadvantages of each of them, together with the approach which you favour and the reasons for that conclusion. In your discussion, consider also the extent to which, if at all, each approach may result in a different outcome.

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