REMEDIES for breach of trust - dishonest assistance

Question 1

elements from westpac v map

Answer 1

1. breach of trust
2. third party assisting
3. dishonetsy

Question 2

royal brunei airlines v tan

Answer 2

• rba funds from tickte sales were held on trust by blt, blt misused the funds and mr t assisted to aid in the breach
• t was liable as a third party, dishonets assiatnce, concioosu improperiety

Question 3

2 limb dishonest assistance test

Answer 3

1. did third party know of the breach (subj)
2. given the knowldeg, would an honest perosn have acted in that way (obj)

Question 4

standard of knowldeg

Answer 4

westpac v map
actual knowdgee or wilful blindness, shtting eyes to obvious