EQUITY - constructive trust - knowing assistance - whether third defendant had knowledge of trustee's dishonest and fraudulent design - partner deliberately failed to make inquiries for fear of what he might learn - satisfies third of the categories of knowledge expressed in second limb of Barnes v Addy
PARTNERSHIP - liability to third parties - whether firm liable for wrongful act of partner committed in ordinary course of firm's business - where partner knowingly assisted in breach of trust - firm not liable where partner not pursuing business of partnership and engaged "in a frolic of his own" - Partnership Act 1892, s 10
Case Details
Citation[2011] NSWSC 656
CourtNSWSC
JurisdictionNew South Wales
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