Abdalla v Rasier Pacific Pty Ltd [2024] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdalla v Rasier Pacific Pty Ltd [2024] NSWCATCD 7 Hearing dates: 18 January 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) The Respondents Rasier Pacific Pty Ltd and Uber BV are to pay the Applicant, Salahadeen Suliman Hussaen Abdalla, damages for breach of contract in the sum of $1000, immediately. (2) The application is otherwise dismissed. Catchwords: CONSUMER LAW – Breach of contract – Deactivation of Uber driver's access to the Uber App – Whether deactivation authorised by contract between Uber entities and driver CONSUMER LAW – Unfair contract terms – Small business contract – Whether agreement between Uber entities and driver was a small business contract – Whether term permitting Uber entities to terminate the contract or deactivate access to the Uber App without notice or cause would be an unfair contract term – Whether term limiting the damages recoverable for breach of the contract by the Uber entities was an unfair contract term Legislation Cited: Australian Consumer Law (NSW) ss 23, 24, 25 Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd (2015) 239 FCR 33; [2015] FCA 1204 Bell Solar Pty Limited T/as Sunboost v Anderson [2021] NSWCATAP 278 Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 Najafi v Rasier Pacific Pty Ltd [2023] NSWCATCD 153 Rehman v Rasier Pacific Pty Ltd [2024] NSWCATCD 3 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Singh v Rasier Pacific Pty Ltd [2024] NSWCATCD 4 Texts Cited: Halsbury's Laws of Australia [110 – 11365] Category: Principal judgment Parties: Salahaldeen Suliman Hussaen Abdalla (Applicant) Rasier Pacific Pty Ltd (First Respondent) Uber BV (Second Respondent) Representation: Applicant in person C Murray-Baptista, solicitor (Respondent)