Scenic $26m settlement

SCENIC Luxury Cruises & Tours said while it is disappointed at the decision in the long-running class action relating to the 2013 European floods (CW breaking news), “the outcome is in line with our financial provisioning, given the previous court decisions and subsequent appeals”.

Speaking to Cruise Weekly yesterday in the wake of the announcement, Scenic Group General Manager Sales & Marketing Anthony Laver also stressed the headline figure of $26 million was subject to court ratification and was a “worst case scenario” based on full payouts to the estimated 1,200 plaintiffs.

“Of course we are not happy about it, but we’re relieved that after 10 years we have finally reached a point where we can move on,” he said.

Somerville Legal, the North Sydney law firm which started the case after one of its partners was caught up in the floods, said members of the group would be compensated “for the reduction in value of their respective cruises, and the distress and disappointment suffered as a consequence of the failure by Scenic to provide cruises in accordance with the purpose and result guaranteed”.

A test case in 2021 estimated the claims of 32 “sample” group members at damages of up to $20,635 each, and Scenic’s appeal of that decision was recently dismissed by the NSW Court of Appeal, leading to yesterday’s settlement announcement.

Scenic said it is committed to delivering scheduled itineraries, adding “we take nothing for granted and continue to invest in our River Cruise Cover and itineraries for the benefit of our guests.”