A $2.6 million (A$2.4 million) settlement for passengers aboard a P&O cruise ship that sailed into the path of a category 5 cyclone has been approved by the Federal Court in Australia.

In May 2017, the Pacific Aria departed Brisbane for a seven-night South Pacific cruise, ultimately encountering Cyclone Donna. The class action lawsuit, filed in 2023 by Carter Capner Law, claimed passengers were subjected to a disruptive and distressing voyage due to the rough conditions.

Lawsuit Claims ‘Unpleasant Experience’

The lead plaintiff, Debrah Jackson, filed the claim on behalf of passengers, arguing that the ship should not have departed, as the cyclone was either already forming or present in the Pacific along the cruise’s intended path.

The lawsuit stated:

“The vessel encountered rough conditions which had the consequence that many activities aboard the vessel were curtailed, facilities were closed, ports that were intended to be visited were not, the enjoyment of the cruise was not as desired, and generally the cruise was a rather unpleasant experience.”

Carnival denied liability, arguing that at the time of departure, there was a reasonable expectation that the voyage could proceed as planned.

Settlement Terms

Following mediation in 2024, both parties agreed to resolve the claim, with Carnival agreeing to pay A$2,416,000. The settlement includes:

  • A$1 million cap on legal fees for Carter Capner Law
  • A$100,000 allocated for administration costs
  • The remaining A$1.216 million distributed among passengers

Passengers will receive:

  • A$944 to refund the cost of their cruise ticket
  • Close to A$900 in additional compensation

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