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First test for Uber: Magistrate rejects bid by driver to throw out case

Uber has been dealt a blow in a legal bid to have a case against some of their drivers thrown out of court.

Nathan Brenner, an UberX driver, was one of 12 nabbed in a Taxi Services Commission sting.

He was accused of operating a private commercial vehicle without a license.

Magistrate Julian Ayres rejected the defence’s case this afternoon, and a trial has been ordered to start on October 9.

The landmark case could have significant impacts on the ride sharing app in Victoria.

Victorian Taxi Association CEO David Samuels told 3AW Drive he’s not surprised by the outcome.

‘We are not overly surprised, it was a technical argument by Uber to try and avoid their drivers facing prosecution for what we believe is an illegal activity,’ he said.

‘The magistrate effectively dismissed those claims.

‘This is a company with a lot of money who choose to use that money to try and run the show the way they want to run it and not play by the rules that other people who provide the same service play by.’


We are disappointed that the case against Mr Brenner was not dismissed today.

We will continue to support him as the case continues and we will also continue to support the 4500 UberX driver partners in Victoria for providing such an incredible service.

In late July the ministerial forum in which Uber was a participant, provided the minister with recommendations on how sensible, safety based regulations can be implemented.

The public is looking for clarity from the government.

This is a policy decision for the government, not a matter for the courts.