← All Authorities
United Kingdom Leading Case dishonest assistance

Royal Brunei Airlines Sdn Bhd v Tan

[1995] 2 AC 378
JurisdictionUnited Kingdom
CourtPrivy Council
Year1995
StatusPersuasive authority

Summary

Liability for dishonest assistance requires dishonesty by the accessory; the trustee need not have acted dishonestly.

Key Principle

Lord Nicholls established that liability for dishonest assistance in a breach of trust requires dishonesty on the part of the accessory; the trustee need not have been dishonest.

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 Royal Brunei Airlines Sdn Bhd v Tan and how it applies to your situation.

Explain Royal Brunei Airlines Sdn Bhd ...