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Andrianakis v Uber Technologies (Ruling No 1) [2019] VSC 850

Supreme Court of Victoria
Common Law Division
Macaulay J

Andrianakis, Nicos v Uber Technologies Incorporated (4849283); Uber International Holdings BV (RSIN 851 929 357); Uber BV (RSIN 852 071 589); Uber Australia P/L (ACN 160 299 865); Rasier Operations BV (RSIN 853 682 318); Uber Pacific Holdings BV (RSIN 855 779 330) and Uber Pacific Holdings P/L (ACN 609 590 463) (Ruling No 1)

Judgment Date: 
20 December 2019

TORT - Conspiracy - Unlawful means conspiracy - Claim that defendants combined with the intention of injuring the plaintiff and group members by unlawful means - Whether the pleading of the subjective element of intention to injure by unlawful means adopts correct legal test.

PRACTICE AND PROCEDURE - Pleadings - Application to strike out statement of claim - Whether statement of claim fails to plead a cause of action or is embarrassing - Whether conspirators and overt acts adequately identified.

PRACTICE AND PROCEDURE - Group proceeding - Application that proceeding not continue as group proceeding - Single Victorian plaintiff representing group members in four Australian States - Whether plaintiff has a sufficient interest to represent all group members or can otherwise adequately or effectively represent all group members - Whether any substantial common questions of fact or law - Supreme Court Act 1986 (Vic) Part 4A ss 33C, 33H, 33N , 33ZF.

PRACTICE AND PROCEDURE - Service out of Australia pursuant to r 7.02 Supreme Court (General Civil Procedure) Rules 2015 - Foreign defendants' application to set aside service - Rules 7.04 and 8.08 - Whether r 7.02 as amended by SR No 109/2016 was made without power - Adjudicatory jurisdiction of the Court - Subject matter jurisdiction of the Court - Source of authority for judges of the court to make rules relating to service of process out of Australia - s 25(1)(a) of the Supreme Court Act 1986 (Vic).

PRACTICE AND PROCEDURE - Security for costs - Quantum of security to be provided - Application for security for costs by only two of seven defendants - Approach to the quantification of security for costs of only some among multiple defendants where costs include common costs.