Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3 Hearing dates: 1 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1 The application is dismissed. 2 Any evidence, and submissions not exceeding five pages, upon which the respondents wish to rely in relation to costs are to be provided to the Tribunal and the applicant within 14 days of the date of these orders. 3 Any evidence, and submissions in response not exceeding five pages, upon which the applicant wishes to rely in relation to costs are to be filed and served within the following 14 days. 4 Any evidence, and submissions not exceeding two pages, upon which the respondents wish to rely in relation to costs, strictly in reply, are to be filed and served within the following 7 days. 5 Each party's submissions should indicate whether it is agreed that an order should be made, under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), for costs to be determined on the papers, without the need for a further hearing. Catchwords: CONSUMER LAW - Termination of Uber driver - breach of contract - reinstatement - damages - observations on such claims Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Ahmad v Portier Pacific Pty Ltd, 21 September 2023, Member Ringrose Ali v Rasier Pacific V.O.F., 3 August 2023, Member Lynch Ashby v Slipper [2014] FCAFC 15 BPU v NSW Trustee & Guardian [2016] NSWCATAP 87 Briginshaw v Briginshaw [1938] HCA 34 Burns v Corbett [2017] NSWCA 3 Commonweatlh v Amann Aviation Pty Ltd [1991] HCA 54 eMove Pty Ltd v Dickinson [2015] NSWCATAP 94 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Gerrard v Slamar [2004] WASC 253 Mahon v Air New Zealand Ltd [1984] AC 808 McCrohan v Harith [2010] NSWCA 87 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council [1998] HCA 11 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Rodney v Stricke [2018] NSWCATAP 136 Sabouni v Develop Building and Developments Pty Ltd [2021] NSWSC 31 Troulis v Vanvoukakis (1998) NSWCA 237 Texts Cited: None cited Category: Principal judgment Parties: Muhammad Zia Ur Rehman (Applicant) Rasier Pacific Pty Ltd (First Respondent) Uber B.V. (Second Respondent) Representation: Solicitors: M Murray-Baptista, Dentons (Respondents) Applicant (self-represented) File Number(s): 2023/00373879 (formerly GEN 23/43741) Publication restriction: Nil