Stewart v Uber Technologies Incorporated

The proceeding involved a dispute between Stewart, representing a group of individuals, and Uber Technologies Incorporated and related entities. The core of the matter concerned the potential transfer of a class action proceeding from the Supreme Court of New South Wales to the Supreme Court of Victoria, where similar proceedings were already pending. Concerns were raised regarding the operation and effectiveness of the tolling provision in section 182 of the *Civil Procedure Act 2005* (NSW) if the proceedings were cross-vested, and the potential prejudice to group members.

The primary legal issue before the court was whether the proceeding should be transferred to the Supreme Court of Victoria, and in doing so, how to address the potential prejudice to group members arising from the cross-vesting, particularly in relation to the operation of the NSW tolling provision. The court was required to consider the implications of transferring the matter and the adequacy of any proposed undertakings to mitigate risks.

The court's decision to order the transfer was contingent upon the defendants providing specific undertakings. These undertakings were designed to negate any prejudice to group members that might arise from the transfer, particularly concerning the application of the *Civil Procedure Act 2005* (NSW) and the tolling provision. By accepting these undertakings, the court was satisfied that the risks associated with cross-vesting could be adequately managed.

Consequently, the court ordered that the proceeding be transferred to the Supreme Court of Victoria pursuant to subsection 5(2) of the *Jurisdiction of Courts (Cross-Vesting) Act 1987* (NSW). No order was made as to costs.