The legal maxim Fraus est celare fraudem “It is fraud to conceal fraud” was applied by the Supreme Court of Victoria in Montgomerie’s Brewery Co Ltd v Blyth (1901) 27 VLR 176.
The Supreme Court ruled:
“Non-disclosure of a fraud becomes active concealment of the fraud where it is the duty of the man who knows of it to disclose that fraud and fails to do so.”
A Transcript of the Trusts Act 1896 (Vic) can be found here.
This tab updated on 19 March 2015