SCENIC Tours has failed in its bid to overturn a NSW Supreme Court decision in favour of the lead plaintiff in a class action who sought damages after floods impacted European cruises in 2013 (TD 01 Sep 17).
The NSW Court of Appeal upheld Justice Garling’s view that Scenic had breached Australian Consumer Law by not informing passengers about the weather disruptions beforehand, and that they were entitled to the luxury cruise that was advertised.
Scenic has released a statement in response to the latest findings, saying its legal team is reviewing the judgement and is unable to comment any further at this time.
The Court of Appeal has now sent the case back to Justice Garling to determine the amount of damages available to passengers in accordance with the judgement.
Source: traveldaily