Claims for equitable compensation for breach of fiduciary duty by a professional adviser (such as an accountant) are subject to the 6-year limitation period in s 14 of the Limitation Act 1969 (NSW) applied by analogy under s 23, where the essential nature of the claim is the same whether put as breach of contract, tort, or fiduciary duty. A defendant who succeeds on a limitation defence is entitled to costs as a successful party on the merits. A costs order against a company director personally for the costs of a claim against the company requires proof of relevant misconduct by the director in or in connection with the proceedings.
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