Najafi v Rasier Pacific Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Najafi v Rasier Pacific Pty Ltd [2023] NSWCATCD 153

Hearing dates:

23 February 2023

Date of orders:

24 February 2023

Decision date:

24 February 2023

Jurisdiction:

Consumer and Commercial Division

Before:

R C Titterton OAM, Senior Member

Decision:

1. The respondents’ application that applicant's claim be struck out or dismissed on the basis that it is misconceived, frivolous and lacking in substance is dismissed.

2. The applicant’s application is dismissed.

Catchwords:

CONSUMER LAW – deactivation of Uber driver’s access to Uber App - breach of contract - reinstatement - damages

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 55

Corporations Act 2001 (Cth)

Fair Trading Act 1987 (NSW), ss 79I, 79J, 79N, 79U,

Cases Cited:

Ali v Raisier Pacific VOF, published on 28 July 2023 (being the reasons for decision in matter GEN 23/16166)

Burns v Corbett; Burns v Gaynor, Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns New South Wales v Bums [2018] HCA 15

Burns v Corbett; Gaynor v Burns [2017] NSWCA 3;

Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186

Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3

Category:

Principal judgment

Parties:

Arif Najafi (Applicant)
Raisier Pacific Pty Ltd (First Respondent)
Uber B.V. (Second Respondent)

Representation:

Solicitors:
Dentons (Respondents)
Applicant (self-represented)

File Number(s):

2023/00370668

REASONS FOR DECISION

Introduction

1. By application filed 18 October 2023, the applicant seeks an order that the respondents pay him $10,000.00.

2. To use colloquial language, the applicant was an Uber driver.

3. The reasons for seeking the order are stated in his application as:

On 03/02/2023 time 1.30 am I picked up a man Rider from [XXSX] first he asked me what time to you finish I said maybe you are last trip or maybe more request come when we arrived at drop off location, I stopped he told me go on left street to [XXXX]

I gone at there at the corner he said stop here I stopped he asked me do you like to have sex with me I said sorry I don't than he gets off from my car. In the morning around 9.00 am I waked up I saw Uber send me text message the Uber said we call your mobile was switched off a rider gave a report, I thing around 12.30 pm someone called me from Uber he asked have you got any problems with rider do you remember.

I said no I can't remember I had any problems with Riders in the evening I wanted start the job I saw the Uber deactivated my account, I read the message Uber said you talked sexually with rider then I checked my Riders which Rider gave report when I understand this rider gave report again I reactivated my account the Uber said we can't do if have any prove we do I asked them you should be asked the prove from rider he got…