Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Singh v Rasier Pacific Pty Ltd [2024] NSWCATCD 4 Hearing dates: 11 December 2023 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: The Respondents, Rasier Pacific Pty Ltd and Uber B.V. are to pay the applicant Ranjit Singh the total amount of $10,000 by 28 days from the date of this decision.
Catchwords: CONSUMER LAW---Consumer claim---Part 6A Fair Trading Act 1987(NSW)---Uber driver---Contract---Termination for breach---Whether conduct of driver justified termination---Damages---Loss of income
Legislation Cited: Australian Consumer Law 2010 (NSW)
Fair Trading Act 1987 (NSW)
Cases Cited: Ahmad v Portier Pacific Pty Ltd [2023] NSWCATCD, unreported, 21 September 2023
Ali v Raisier Pacific VOF, [2023] NSWCATCD unreported, dated 3 August 2023
Attorney General NSW v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 245
Beechwood Homes (NSW) Pty Ltd v Hassos [2023] NSWCATAP 184
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266
Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15
Cherry v Steele-Park [2017] NSWCA 295
Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 216; [2022] HCA 16
DB Homes Australia Pty Ltd v Kes [2019] NSWCATAP 221
Forklift Engineering Australia Pty Ltd v Powerlift (Nissan) Pty Ltd [2000] VSC 443
Koompahatoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61; (2007) 233 CLR 115
Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186
Productivity Partners Pty Ltd (trading as Captain Cook College) v ACCC [2023] FCAFC 54
Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3
Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 31
Tramways Advertising Pty Ltd v Luna Park (NSW) Pty Ltd (1938) 38 SR (NSW) 632
Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133
Texts Cited: None cited
Category: Principal judgment Parties: Ranjit Singh (Applicant)
Rasier Pacific Pty Ltd (First Respondent)
Uber B.V. (Second Respondent)Representation: R Singh, self-represented (Applicant)
Solicitors:
B Allen, solicitor (Respondents)
Dentons (Respondents)
File Number(s): 2023/00375315 (Previously GEN 23/42416) Publication restriction: Nil
REASONS FOR DECISION
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This is a claim for damages of $10,000 by a former Uber driver on the basis that he was wrongfully terminated from the Uber platform.
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The applicant is not seeking he be reinstated to the Uber platform. The only remedy sought is damages.
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The applicant was a full time driver for Uber for a period of approximately 3 years and 4 months prior to being terminated from access to the Uber app.
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The respondents, in their outline of written submissions contained in the body of the affidavit of an in-house Solicitor Ms McCormick dated 6 December 2023, refer to both Rasier Pacific Pty Ltd and Uber B.V. as being parties to the Services Agreement with the applicant.
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In this decision, any reference to “Uber” is a reference to the respondents.
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The applicant commenced proceedings in the Tribunal on 18 September 2023.
The Application
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The application states…
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- AGLC
- Singh v Rasier Pacific Pty Ltd [2024] NSWCATCD 4
- Case
- [2024] NSWCATCD 4
- Decision Date
CaseChat Overview and Summary
The court had to decide whether Rasier Pacific Pty Ltd and Uber B.V. were liable for damages under Part 6A of the Fair Trading Act 1987 (NSW) due to Singh's wrongful termination and whether the termination was justified. The court also had to determine whether Singh was entitled to damages and, if so, how much.
The court found that Rasier Pacific Pty Ltd and Uber B.V. were liable for damages under the Fair Trading Act 1987 (NSW) because they terminated Singh's contract without justification. The court found that Singh's termination was not justified as Rasier Pacific Pty Ltd and Uber B.V. failed to prove that Singh breached the terms of his contract. The court also found that Singh was entitled to damages for loss of income due to the wrongful termination of his contract. The court awarded Singh $10,000 in damages. Rasier Pacific Pty Ltd and Uber B.V. were ordered to pay Singh the total amount of $10,000 by 28 days from the date of the decision.
Orders
Orders of the court
The Respondents, Rasier Pacific Pty Ltd and Uber B.V. are to pay the applicant Ranjit Singh the total amount of $10,000 by 28 days from the date of this decision.
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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