Uber BV & Anor v Howarth

Supreme Court of NSW|2017-02-07|Before: Slattery J

, [7], [131], [185], [187] 'State' changed to 'state'.

, [16], [17], [19], [22], [23], [30], [34], [37], [38], [52], [54], [65], [82], [86], [93], [96], [97], [101], [113], [114], [116], [117], [120], [124], [125], [129], [132], [134], [136], [153], [158], [160], [161], [167], [179], [180], [183]-[186], [190]-[194], [197]-[199], [202], [207], [215]-[217] 'Court' changed to 'court'.

second line, initial 'P' inserted before 'Lange'.

, [34], [36], [48], [49], [63], [76] 'partner driver' changed to 'driver-partner' and in [66] first line, 'partner-drivers' changed to 'driver-partners'.

third paragraph of the quote, last line, '[sic]' inserted after 'testamonials'.

, [20], [21], [85], [92], 'arresting' changed to 'Arresting'.

fourth line, 'or' inserted before 'write'.

, [28], [129], [130], [147], [154], [189], [206] 'citizen arrests' changed to 'citizen's arrests'.

second last line, 'affect' changed to 'effect'.

last line, 'Bar' changed to 'bar'.

second last line, 'the interviewer' deleted.

second line, 'State Government' changed to 'state government'.

third paragraph of the quote, first line, '[sic]' added after 'Upon arrival of'.

second paragraph of the quote, first line, 'anothing' changed to 'another'.

second line under the heading 'On 1 November 2014 at 1:11am:', '[a]' added before 'few days'.

second line, '2km' changed to 'two kilometres'.

first line, 'a' appearing before the word 'least' changed to 'at'.

first line, 'arresting uber' capitalised.

, [95] hyphen in 'You-Tube' removed.

first lines of the first and second paragraphs of the quote, 'at' changed to 'At'.

last sentence deleted because of repetition in later paragraph [65].

sixth line, 'number 9' replaced with 'the ninth arrest'.

third line, 'Program' changed to 'program'.

fourth line, 'Arrests 8 and 9' replaced with 'the eighth and ninth arrests'.

fifth line, 'Channel' changed to 'channel'.

first line, '8 and 9' changed to 'the eighth and ninth'.

, [76], [79], [81]- [83], [86], [88], [90], [93], [95], [167] 'Leichardt' changed to 'Leichhardt'.

fourth last line, 'He was a very compelling witness' deleted as it repeats what is said in the first and second lines.

seventh line, '8' changed to 'eight'.

third line, 'identifies' changed to 'identified'; fifth line 'parking' changed to 'parked'.

fourth line, the second 'that' deleted.

, [91], [95], 'Incident' changed to 'incident'.

fourth, eighth and twelfth lines, 'at' changed to 'At'.

fourth and fifth lines, 'organizing' changed to 'organising'.

, [117], [118], [212], [213] 'app' changed to 'App'.

fourth and fifth lines, 'OnTap' changed to 'ONTAP'.

first line, 'on evidence' changed to 'in evidence'.

second line 'the' added before 'Sydney CBD'.

fourth line, 'at' change to 'in'.

eighth line, 'to' deleted.

last line, 'in' added before 'support', full stop added after 'support'.

third line, 'passages' changed to 'passengers'.

fifth line, 'or' changed to 'and lack of'.

third line, 'is' changed to 'are', last line 'who' changed to 'whom'.

third line, 'Announces' changed to 'Announcers'.

second line, 'CFMEU' changed to 'Construction, Forestry, Mining and Energy Union'; last line of quote '(footnote omitted)' added.

third line, '1970 (NSW)' added after 'Supreme Court Act'.

last line, 'cl' changed to 'Reg'.

seventh line, 's 293' changed to 's 61'.

first line, repeated 'in' deleted.

fourth and fifth lines, case citation and pinpoint reference now reads 'Director of Public Prosecutions (NSW) v Mathews - Hunter (2014) 242 A Crim R 319; [2014] NSWSC 843 (at [25])'.

section heading of legislation inserted to read '352. Person in act of committing or having committed offence'.

, [141] 'DPP' in citation changed to 'Director of Public Prosecutions (NSW)'.

first and second line, 'Smart AJ' changed to 'Barr J'; second line, 'DPP' changed to 'Director of Public Prosecutions'.

third line, '(2006) 161 A Crim R 219' added; fourth line, 'New South Wales' changed to 'NSW'.

last line, pinpoint reference changed from [61] to [52].

sixth line 'Commonwealth' changed to 'Commonwealth of Australia', pinpoint reference 'at 36' added to CLR citation and removed from medium neutral citation; second last line CLR page number changed from '610' to '611', medium neutral citation '[1999] HCA 21' added, pinpoint reference to page number 650 removed, word 'per' removed; last line 'Commonwealth' changed to 'Commonwealth of Australia', medium neutral citation '[1999] HCA 14' added, pinpoint reference to page number 554 removed.

third last line, 'are' changed to 'is'.

fourth line, pinpoint reference to page 159 changed to paragraph [35].

third line, medium neutral citation '[1993] HCA 80' added; third last line 'per' removed; second last line medium neutral citation '[2001] NSWCCA 443' added, 'an' added before 'arrest', 'arrest' changed to 'arrests'.

second last line, 'person' changed to 'officer'.

heading before paragraph 151 removed.

sixth line, 'Internet' changed to 'internet'.

eighth line, 'Games' changed to 'Game'.

second line, 'apprentice' changed to 'Apprentice'; third line, 'Absolute' changed to 'absolute'; fourth line, 'a' added before 'campaign'.

second line, '2015' added.

third line, '1990' deleted.

fourth line, 'on' added before '1 July' and before '27 July'.

fourth line, '(NSW)' added to citation, second last line 'Regulations' changed to 'regulations'.

, [175]-[177] 'section' changed to 's'.

first line, 'Pt 4A' added before 'Divisions', 'Divisions' changed to 'Div 3 and Div 4'.

last line, 'Regulations' changed to 'regulations'.

first line, 'The Passenger Transport' added before 'regulations'; second line 'were' changed to 'was'; fourth line 'of' changed to 'to'; sixth line 'Schedule' changed to 'Sch'.

third line, 'regulations' deleted, 'cl' added before 26A and 188A.

third line, 'on' changed to 'or'.

second line, 'Regulation' changed to 'Regulations'.

fourth line, 'Co' changed to 'Company'; fifth line, medium neutral citation '[1978] HCA 42' added; tenth line, '(2011) 242 CLR 446' added after 'Miller v Miller'; last line, medium neutral citation '[1970] HCA 2' added.

first line, apostrophe in 'parties' removed; second line, apostrophe added to 'drivers'.

fifth line, 'of' added after 'conduct', 'of' removed after 'either'.

fourth and fifth lines, 'and PG Turner' added after 'MJ Leeming'; sixth line 'Butterworths' moved after 'LexisNexis'.

seventh line, 'Phenley' changed to 'Penley'; second last line, 'by' moved from before 'in August 2015' to after those words.

fourth last line, 'State of' added before 'South Australia', last line 'par' added before pinpoint reference.

third and last lines, '(NSW)' added after legislation titles.

third line, 'par' added before pinpoint reference; last line, '[Emphasis added]' added.

sixth line, citation changed to 'Earl of Harrington v Corporation of Derby'; eighth line 'Co' changed to 'Company'.

'(c' removed before 'Uber software application'.

third and sixth lines, '1990' deleted.

first line, 'to' added before 'be framed'.

fourth line, apostrophe added to 'offenders'.

fifth line, 'drivers' licences' changed to 'driver licences'.

third line, 'or' deleted after 'hinder'; sixth line 'precent' changed to 'prevent'.

paragraph (1)(a), 'Intimidating' changed to 'intimidating'; paragraph (1)(f), 'or' changed to 'to'; paragraph (2), 'and' deleted; paragraph (3), '; and' added. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 October 2018

Passenger Transport Amendment (Taxis and Hire Cars) Regulation 2015(NSW)

Common Law Procedure Act 1857(NSW)

Common Law Procedure Act 1899(NSW)

At a glance

Court

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Source

Judgment (93 paragraphs)

Parties

Legislation Cited (4)

Cases Cited (26)

Cited By (6)