Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Acisulu v Raiser Pacific Pty Ltd [2025] NSWCATCD 72 Hearing dates: 30 August 2024; 8 November 2024 Date of orders: 21 August 2025 Decision date: 21 August 2025 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Deputy President Decision: (1) The respondent, Raiser Pacific Pty Ltd, is to pay the applicant, Ali Acisulu, the sum of $3,403.24 immediately.
Catchwords: CONSUMER LAW – breach of contract – Uber driver – deactivation of access to Uber app – breach of contract - assessment of damages – whether sufficient evidence to prove loss
Legislation Cited: Australian Consumer Law 2010 (NSW) (ACL)
Fair Trading Act 1987 (NSW)
Cases Cited: Abdalla v Raiser Pacific Pty Ltd [2024] NSWCATCD 7
Bell Solar Pty Limited T/as Sunboost v Anderson [2021] NSWCATAP 278
G v H [1994] HCA 48; (1994) 181 CLR 387
Najafi v Raiser Pacific Pty Ltd [2023] NSWCATCD 153
Re Day [2017] HCA 2; (2017) 340 ALR 368
Rehman v Raiser Pacific Pty Ltd [2024] NSWCATCD 3
Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 31
Singh v Raiser Pacific Pty Ltd [2024] NSWCATCD 4
The Owners-Strata Plan No 2661 v Selkirk [2024] NSWSC 760
Texts Cited: None cited
Category: Principal judgment Parties: Ali Acisulu (Applicant)
Raiser Pacific Pty Ltd (Respondent)Representation: Applicant (self-represented)
Solicitors:
Dentons (Respondent)
File Number(s): 2024/00013018 Publication restriction: Nil
REASONS FOR DECISION
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The proceedings involve a claim by a former Uber driver for $10,000 in compensation or damages. The applicant alleges that he was “wrongfully terminated” by Uber from having access to its service application (Uber App).
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The proceedings in the Tribunal were filed on 10 January 2024. In the application filed with the Tribunal, the applicant states that he is an independent contractor, who entered into an agreement with Uber in 2019. The application states that Uber had terminated his access to its app on 7 February 2021 on the basis that the applicant had verbally abused a customer and made threatening remarks.
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The application states that the applicant was earning $749.09 per week as a driver on the Uber platform. He denies that he breached the Uber Community Guidelines, and asserts he was not given a fair opportunity to deny the allegation.
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The proceedings were listed for a directions hearing before Rosser PM on 16 February 2024. The proceedings were set down for hearing, with procedural directions for the filing and serving of documentary evidence. Further, the following relevant procedural directions were made:
“8. The Tribunal notes that it is not in dispute that the claim is a consumer claim and has been lodged within time the Tribunal further notes that the applicant seeks damages of $10,000. The issues for determination will include:
(a) did the respondent breach (or repudiate) its contract with the applicant by deactivating the account?
(b) if so, what loss has the applicant suffered as a result of the breach or repudiation?
9. The parties have for legal representation, on condition…
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- Case
- [2025] NSWCATCD 72
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Raiser Pacific Pty Ltd had breached the contract by deactivating Mr Acisulu’s access to the Uber app and, if so, whether Mr Acisulu had provided sufficient evidence to prove his loss of income. The court had to consider the terms of the driver agreement between Mr Acisulu and Raiser Pacific Pty Ltd and the principles of contract law applicable to the case. Additionally, the court needed to determine the appropriate amount of damages, if any, that Mr Acisulu was entitled to recover.
In delivering the judgment, the court found that Raiser Pacific Pty Ltd had indeed breached the contract by deactivating Mr Acisulu’s access to the Uber app without proper justification. The court held that the deactivation was not in accordance with the terms of the driver agreement and amounted to a breach of contract. However, the court also found that Mr Acisulu had not provided sufficient evidence to prove the exact amount of income he had lost due to the deactivation. The court concluded that while it was clear that Mr Acisulu had suffered some loss, the evidence provided was not detailed enough to determine the precise amount of that loss. Therefore, the court awarded Mr Acisulu a sum of $3,403.24 as a reasonable estimate of his loss based on the evidence presented.
The court ordered Raiser Pacific Pty Ltd to pay Mr Acisulu the sum of $3,403.24 immediately. This decision underscored the importance of providing clear and detailed evidence when claiming damages in breach of contract cases. The court’s judgment highlighted that while the breach of contract was established, the lack of sufficient evidence regarding the exact loss prevented a more substantial award of damages.
Orders
Orders of the court
(1) The respondent, Raiser Pacific Pty Ltd, is to pay the applicant, Ali Acisulu, the sum of $3,403.24 immediately.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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