The class action

Somerville Legal have been pursuing a class action against Scenic Tours in respect of 13 European cruises in 2013. The cruises were affected by flooding, turning them into bus holidays, rather than the advertised luxury river cruises.The class action was launched when Scenic denied liability and refuse to provide any adequate compensation. Click here for the background of the claim.

The judgment

Mr Justice Garling delivered judgment on 31 August 2017. Click here for the  Judgment. On 13 November 2017, His Honour gave a further judgment, setting out detailed findings as to Scenic’s breaches of its duties to its passengers. Click here for a copy of that judgment.

Click here for Channel 10 news report.

The appeal

Following the judgment, Scenic appealed to the Court of Appeal of the New South Wales Supreme Court. Judgment in that appeal was delivered on 25 October 2018.

In summary, the Court concluded:

  1. The ‘services’ which Scenic were to provide to passengers, were luxury river cruises, not simply any mode of transportation from point A to point B;
  1. Scenic breached at least one or more of the consumer guarantees under the Australian Consumer Law, in relation to cruises 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11;
  1. Justice Garling should have calculated Mr Moore’s damages for the reduction in value of his cruise, on an objective basis instead of a subjective basis;
  2. Passengers are not entitled to additional damages for distress and disappointment

Click here for details of the Court of Appeal judgment.

Click here to claim compensation and damages



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