Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3

Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3

The Driver breached the Community Guidelines and thereby the Agreement; Uber did not breach the Agreement by deactivating the account; no evidence was provided of the Driver's loss (operating expenses not proved); reinstatement not appropriate due to Uber's contractual termination rights; application dismissed.

Parties
Applicant: Muhammad Zia Ur Rehman; First Respondent: Rasier Pacific Pty Ltd; Second Respondent: Uber B.V.
Jurisdiction
Australia
Judgment Date
13 February 2024
Procedural Posture
Consumer Claim / Final Determination
Outcome
Application dismissed
Legal Topics
Uber Driver Contract Termination, Breach of Contract, Reinstatement, Damages, Costs
Consumer Law Contract Law Uber Driver Contract Termination Breach of Contract Reinstatement Damages Costs

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Parties

Muhammad Zia Ur Rehman

Applicant

Rasier Pacific Pty Ltd

First Respondent

Uber B.V.

Second Respondent

Procedural Posture

Consumer Claim / Final Determination

Legal Issues

  1. 1 Did Uber breach the Agreement by deactivating the Driver's account?
  2. 2 If Uber breached the Agreement, should Uber be ordered to reinstate/reactivate the Driver's account?
  3. 3 If Uber breached the Agreement, what damages are owed to the Driver?

Ratio Decidendi

The Driver breached the Community Guidelines and thereby the Agreement; Uber did not breach the Agreement by deactivating the account; no evidence was provided of the Driver's loss (operating expenses not proved); reinstatement not appropriate due to Uber's contractual termination rights; application dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • Any evidence and submissions (max five pages) for costs by respondents to be provided within 14 days.