A fiduciary who denies the fiduciary relationship and has not properly accounted cannot rely on an O 24A offer of compromise to protect against costs, because the principal is entitled to prosecute the action to establish the fiduciary status and investigate whether the fiduciary profited from unauthorised use of the principal's money. Non-monetary relief, including a declaration of fiduciary status and an order for account, is relevant to assessing whether a judgment is more favourable than an O 24A offer.
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