ABSTRACT
This chapter considers the liability of trustees for breach of trust, the personal liability of third party 'strangers' for their involvement in a breach of trust, whether because they assisted that breach of trust dishonestly or because they received property from a breach of trust unconscionably; and the possibilities for tracing property which was originally held on trust or which was a substitute for that trust property. A proprietary claim is a claim that specific property must be held on trust or subject to a charge or held on some other basis. The leading case for the test of dishonest assistance is Royal Brunei Airlines v Tan 1995. The law of tracing is the means by which a claimant seeks to trace property which was originally held on trust which was transferred away in breach of trust, or to trace substitute property for that original trust property.
