Where a claimant enters a transaction in reliance on misleading conduct but the value of the asset acquired exceeds the total expenditure, no loss is suffered under s 236 of the Australian Consumer Law. Costs of proceedings at first and second instance cannot be included to satisfy the $100,000 monetary threshold for appeal as of right under s 101(2)(r) of the Supreme Court Act 1970 (NSW), including in double appeal cases.
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