Practitioners pursuing Barnes v Addy accessory liability claims involving dishonest and fraudulent breach of duty should note that s 1317K of the Corporations Act does not bar such claims by analogy, and that s 47 of the Limitation Act 1969 (NSW) applies directly with a 12-year limitation period running from discovery of the fraud. Defendants should plead s 47 if they wish to rely on a limitation defence.
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