Crackin' Snack Pty Ltd v Gameking Australia Pty Ltd

• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Loss and damage
  4. › No transaction case
  5. › Whether plaintiff would not have entered transaction but for misleading conduct
  6. › Rejection of counterfactual supported by affirmation of contract and cross-examination concessions
  7. › Australian Consumer Law ss 236, 237
• 1. Consumer Law
  2. › Misleading or deceptive conduct
  3. › Purported termination of contract
  4. › Affirmation of contract after knowledge of breach
  5. › Whether termination available where breach minor and contract affirmed
• 1. Courts and Judges
  2. › Bias
  3. › Actual and apprehended bias
  4. › Alleged differential treatment of parties
  5. › Adverse credibility assessments not evidence of bias
  6. › Cherry-picked passages of transcript to be read in full context
• 1. Costs
  2. › Variation of costs order
  3. › Judge other than trial judge determining costs
  4. › Power under UCPR r 36.16(3A)
  5. › Whether identification of irregularity or misapprehension required where primary judge expressly provided opportunity to apply to vary
  6. › Uniform Civil Procedure Rules 2005 (NSW) r 36.16(3A)

Quick Take