New development in Scenic case
THE High Court of Australia has ruled that a passenger impacted by high water levels on a Scenic European river cruise in 2013 is entitled to compensation for “disappointment and distress” (CW 07 Apr 2015).
It’s the latest development in the long-running case, where Somerville Legal has been pursuing damages on behalf of an estimated 1,500 Scenic and Evergreen passengers whose river cruises did not operate as planned.
David Moore, who is the lead plaintiff in a class action, had previously been awarded a full refund as well as $2,000 in compensation - however this extra payment had been knocked back in an earlier appeal by Scenic.
The latest ruling last Fri overturned that appeal, with the court “making clear that the other group members in the representative proceedings are now also able to bring forward their own claims on the same basis,” according to a statement from the law firm.
The proceedings against Scenic will continue before Justice Garling in the Supreme Court of NSW to determine the amount of compensation to which the company’s passengers will be entitled.