Scenic/Evergreen class action 2018
2018 Cruises
Incredibly, Scenic have done it again.
Europe experienced a historic drought during the summer of 2018. As a result, the river levels were so low that many parts of the European waterways were impassable for cruise ships. However, as they did in 2013, Scenic decided not to cancel the “cruises”, and carried passengers by bus between stranded cruise ships, being used as floating hotels. Scenic run cruises both under the Scenic brand and the Evergreen brand.
In the class action for the 2013 “cruises”, Scenic lost in the Supreme Court and lost in the Court of Appeal on all points other than a technical point about calculating damages. They then appealed to the High Court, but their appeal was rejected. We are currently taking proceedings to determine how much damages the passengers are to receive.
Click here for the judgments and appeals in the 2013 class action.
What is a class action?
Where at least 7 people have a similar claim against the same defendant, a class action can be launched. There is only one plaintiff, but the judgment decides fundamental questions relating to the claims by all members of the class. Once that judgment is successful, as has occurred in our previous class action, the next step is for the court to decide how much money each member of the class is to receive. Often, it is based on a formula, for example, it could be a multiple of the amount of money each person paid to their cruise.
Opting out
The Supreme Court has made orders relating to how you can opt out of being a member of the class, and has approved an Opt-Out Notice for you to complete if you do not wish to participate in the class action.
Click here to view the order of the Supreme Court of 26 July 2024.
Click here to view the Opt-Out Notice.
Who pays for the legal costs?
There are several companies which specialise in funding class actions. The arrangement is generally that they pay all of the costs of the proceedings, in return for receiving payment from the successful outcome of the case. In the unlikely event that the class action is unsuccessful, the litigation funder will pay any costs awarded in favour of the defendant.
Accordingly, the members of the class pay nothing, apart from the entitlement of the litigation funding company to receive a percentage of their settlement or judgment.
We have partnered with the largest litigation funder in Australia, Omni Bridgeway, who has agreed to fund the class action on a “no win, no pay” basis.
For further information and a copy of the product disclosure statement please click here to view the Omni Bridgeway website.
The current proceedings
We commenced proceedings in the Supreme Court of NSW, which Scenic has been fighting in every possible way. Copies of the documents filed in Court and court orders can be viewed by clicking the following links
Statement of Claim 12 August 2022
Notice of Motion 1 December 2022
Notice of Motion 28 February 2023
Amended Statement of Claim 10 March 2023