A 'failure to account' under the Property, Stock and Business Agents Act 2002 requires a failure to pay money to or for the benefit of a person entitled thereto in accordance with their instructions; a mere misappropriation of funds held in trust, before any obligation to pay arises, does not constitute a failure to account. The requirement for the Director-General's leave under s 174(1) is an essential condition of the cause of action, not merely procedural, so interest under s 100 of the Civil Procedure Act runs only from the grant of leave. Joint owners of entrusted funds are limited to one amount of $500,000 under s 175(1). Costs of court proceedings against the Crown are payable by the Crown and fall outside the s 175(1) cap.
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