Owner-driver contract not breached in relation to fuel prices

Wednesday, 27 February 2019

The Road Freight Transport Industry Tribunal has dismissed two claims made by the applicant arising from an owner-driver contract between the applicant and the respondent.

The Tribunal considered the first of the two issues raised by the applicant and found that they had not brought any evidence to show that the respondent had engaged in unconscionable conduct in relation to the acquisition of the applicant's services. The Tribunal found that the applicant did not provide any information on the circumstances leading to him entering an unfair owner-driver contract or that the owner-driver contract was uncommercial or unfair in any way.

The Tribunal considered the second of the two issues raised by the applicant and found that there was no evidence or argument brought which suggested that the price that the applicant was paying for fuel, a discount of 11%, was not substantially cheaper than bowser price and contrary to the owner-driver contract.

The Tribunal dismissed the applicant's claims.

The decision can be read here.