The courts will entertain an application for a declaration for hypothetical questions such as test cases, but only where the plaintiff also seeks consequential relief.

In Warman v Dwyer, the High Court clarified that, in respect of a single fiduciary breach, the plaintiff could not recover both equitable compensation and an account of profits because:

Where a plaintiff obtains equitable compensation in respect of a loss arising from a breach of equitable duty, the defendant can reduce their liability by showing that they are entitled to an allowance.

The equitable defence of unclean hands addresses the general character of a plaintiff when evaluating the merits of the plaintiff’s claim to relief.

In Baburin v Baburin, the doctrine of laches applied to the plaintiff’s claim because: