The illusion of the prevention principle

The law will not allow a person to take advantage of his or her own wrongdoing. As a matter of a policy, this is uncontroversial and stands to reason. But how is this idea manifested in the law? Is it a rule of common law or a principle of equity? And what are the consequences …

When can defaulting trustees plead their own default against fellow malefactors?

The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation against their former directors for knowingly assisting breaches of trust allegedly committed by the companies. The Court discussed the principles that operate in such circumstances. Nicholson Street Pty Ltd (receivers and managers appointed) (in liq) …