Equitable compensation for breach of fiduciary duty is not limited by common law principles of remoteness of damage and may involve a stringent test of causation; the compensation must make good the loss suffered in consequence of the breach. Compound interest is awarded on the whole loss caused by the breach, not merely on amounts actually received by the defaulting fiduciary, because equitable compensation does not depend on gain to the defendant. A relationship of trust and confidence is not essential for a fiduciary relationship; vulnerability and dependence are sufficient. Substantive unconscionable conduct or breach of fiduciary duty does not of itself warrant indemnity costs; more is required, such as delinquency in the conduct of the proceedings.
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