Case notes by topic
Travel and aviationPage 2
Case notes on injuries in the air, at sea and on holiday, and on claims that cross borders.
Newest first
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Picture hiddenCruise ship injuryFull steam ahead for river cruise disappointment damages
The New South Wales Court of Appeal yesterday delivered the final test case ruling relating to the 2014 Rhine River cruise disruption and disappointment damages class action case: Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 (20…
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Picture hiddenCruise ship injuryVirus outbreak stokes cruise disappointment & class action sortie
Damages for disappointment can be recovered when a consumer acquires services that are intended to provide pleasure, relaxation or enjoyment but don’t live up to their promise.
- Aircraft accident
Seaworld helicopter tragedy must be a catalyst for law change
Claims for injury compensation arising out of the SeaWorld helicopter tragedy face two major legal hurdles in recovering compensation.
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Picture hiddenCruise ship injuryRuby Princess zombie cruise: consumer access to class actions under serious attack
North American guests aboard the Covid infected Ruby Princess zombie cruise have suffered a setback in their efforts to recover compensation from the cruise line for their devastating experience.
- Holiday & travel law
High roller denied procedural fairness: “serious reservations” on judge’s directions
A guest injured in the driveway of The Star Gold Coast after loading luggage onto a trolley has convinced an appeal court that a trial judge's dismissal of his $2 mil damages ask involved a gross denial of procedural fairness to…
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Picture hiddenAircraft accidentF.N.Q. helicopter powerline crash resolved
In June 2011, a low-flying helicopter operating as part of a government weed eradication program crashed into overhead powerlines outside Cairns, causing serious injuries to three passengers onboard.
- Cruise ship injury
Unfulfilled brochure promises cost tour operator $30 mil in cruise passenger claims
The first step in the process to assess damages for 1,300 European river cruise passenger claims in a class action that was upheld by…
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Picture hiddenCruise ship injuryRoyal Caribbean overturns sex assault suspect false imprisonment ruling
A cruise ship passenger awarded $97,000 for being locked up for five days in a windowless cabin as the suspect of an on-board sexual assault must return the payout to the cruise line following its successful appeal of a 2020…
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Picture hiddenAircraft accidentQantasLink not Qantas: liability trap for passengers on other airline’s aircraft
Can an airline that tickets a passenger for a flight under its name escape liability under air carriage law because the flight is conducted on an aircraft operated by a different carrier?
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Picture hiddenAircraft accidentEmirates Airlines crashes for second time on refusal to pay injured passenger
A passenger who sustained a minor cabin injury aboard an Emirates B777 and who chose to sue in Australia has achieved a major legal breakthrough for all Australian international airline users.
- Aircraft accident
Jurisdiction error proved fatal for father’s aircraft crash nervous shock claim
Update — 14 September 2022: Mr Page took his case to the High Court of Australia (case S60/2022). The High Court matter concluded by consent orders on 14 September 2022. The Court of Appeal decision is explained below.
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Picture hiddenCruise ship injuryOz courts to aid overseas Ruby Princess pax: class action waiver clause “unfair”
The Ruby Princess departed Sydney on 8 March 2020 for New Zealand and returned on 19 March becoming the catalyst for the worst COVID-19 outbreak in the first phase of the pandemic.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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