The true distinction between an order for accounts on the footing of wilful default and an order for an account of profits is not between active and passive misconduct, but between cases where the defendant has failed properly to administer a fund over time and cases involving specific instances of equitable wrongdoing. It is not necessary for the prayers for relief to contain an explicit request for accounts on the footing of wilful default; it is sufficient that the statement of claim alleges numerous specific breaches of trust which would amount to wilful defaults if proved. Consent to orders including removal of a trustee does not imply admission of the breaches of trust pleaded, and does not give rise to issue estoppel as to wilful default.
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