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Scenic Tours Left With $10 Million Damages Award After Substantially Failing in its Latest Appeal

Monday 24 April 2023 / by Nicholas Gordon posted in Business, Corporate & Commercial Insurance Scenic Tours NSW Court of Appeal Cruise Australian Consumer Laws Civil Liability Act 2002 Consumer Guarantees

The NSW Court of Appeal recently delivered an interesting judgment in the matter of Scenic Tours Pty Ltd v Moore [2023] NSWCA 74.

The Plaintiff in this matter, Mr David Moore, was the lead Plaintiff in a class action against Scenic Tours by thousands of disgruntled cruise ship passengers from multiple separate cruises.

For extra context, we suggest reading our 2020 article discussing Moore v Scenic Tours Pty Ltd [2020] HCA 17: Damages for ‘Disappointment and Distress’ Available to Consumers for Breaches of Consumer Guarantees for Travel and Recreational Contracts.

Case Note: Dhupar v Lee [2022] NSWCA 15 – Section 71 does not preclude an award for damages for phychiatric injury arising from childbirth

Wednesday 27 July 2022 / by Zara Officer & Perry Peralta posted in Health Aged Care & Life Sciences Insurance Filshie Clips Medical Negligence Gynaecological Surgery Pregnancy Tubal Ligation Psychiatric Injury Civil Liability Act 2002 Wrongful Birth

This article discusses the 18 February 2022 decision in Dhupar v Lee [2022] NSWCA 15, which illustrates that damages are available for economic loss arising from an injury suffered by a mother as the result of giving birth.