Under s 5(2) of the Limitation of Actions Act 1958 (Vic), the six-year limitation period for actions for account applies to all such actions whether brought at law or in equity. A plaintiff cannot circumvent the limitation period by characterising a contractual duty to account as a breach of fiduciary duty, because a simple duty to account is not a fiduciary duty even when owed by a person in a fiduciary position. Even if s 5(2) did not apply directly, equity would apply the limitation period by analogy.
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