New de­vel­op­ment in Scenic case

Cruise Weekly - - Front Page -

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.

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