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Carnival will pay more than $2.4 million after reaching a settlement with passengers who were onboard the P&O Pacific Aria cruise in May 2017, which sailed into Category 5 Cyclone Donna.
The class-action lawsuit, filed by Carter Capner Law in 2023, ended in a multimillion-dollar settlement finalized on Thursday.
Lead plaintiff Debrah Jackson argued on behalf of passengers that the cruise undertook its journey despite the cyclone’s presence or formation in its intended path.
“By sailing into the path of Cyclone Donna without giving passengers the opportunity to cancel and obtain a full refund, it subjected passengers to a miserable seven days,” said Peter Carter, director of Carter Capner Law.
Passengers endured rough conditions, with facilities closed, activities canceled, and missed ports, leading to what was described as an “unpleasant experience.”
Carnival Denies Liability
Carnival denied any wrongdoing, stating that its ticket terms did not guarantee a specific itinerary due to the unpredictability of sea voyages.
The cruise line maintained that when the Pacific Aria departed from Brisbane, it had a reasonable expectation of completing the voyage safely.
Following mediation, Carnival agreed to pay $2,416,000 to settle the case.
How the Settlement Will Be Distributed
The settlement includes:
- $1 million in legal fees for Carter Capner Law, plus $100,000 in GST
- $100,000 in administration costs
- $1,216,000 to passengers
Passengers will receive approximately:
- $944 as a refund for their cruise fare
- $900 in additional compensation for “distress and disappointment”
- $2,000 extra for the lead plaintiff
Justice Roger Derrington said the settlement was likely a better outcome for passengers than if the case had gone to trial.
Carnival declined to comment further when contacted by news.com.au.