← All Authorities
Australia Leading Case knowing receiptdishonest assistanceno conflict rule

Farah Constructions Pty Ltd v Say-Dee Pty Ltd

(2007) 230 CLR 89
JurisdictionAustralia
CourtHigh Court of Australia
Year2007
StatusBinding authority

Summary

High Court of Australia restated Barnes v Addy principles, holding that knowing receipt requires unconscionable retention and that the second limb requires knowledge of the breach by the accessory.

Key Principle

knowing receipt and Barnes v Addy; requirements for accessory liability; knowledge element

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

Ask CommonBench about this case

Get a detailed analysis of Farah Constructions Pty Ltd v Say-Dee Pty Ltd and how it applies to your situation.

Explain Farah Constructions Pty Ltd v ...