Najafi v Rasier Pacific Pty Ltd [2023] NSWCATCD 153

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