Acisulu v Raiser Pacific Pty Ltd

[2025] NSWCATCD 72

NCAT Consumer and Commercial Division

Built by Barristers,
For Australian Law.

Where the Uber Services Agreement permits no-fault termination on 30 days' notice, damages for wrongful deactivation are capped at 30 days of net lost income, even if the driver claims a larger loss period.
Deactivation of a driver's access to the Uber App constitutes breach of contract where complaints relied upon are vague, unsupported by direct evidence, moderate relative to the driver's trip volume, and the respondent fails to demonstrate any genuine internal review of the deactivation decision.
Where an applicant's evidence of loss, though imperfect, provides a rational foundation beyond speculation, the evidentiary onus shifts to the respondent to establish that the applicant's own conduct (such as failure to mitigate) caused the loss; the so-called duty to mitigate is not a positive duty on the plaintiff.