The P&O Pacific Aria Class Action has been filed on behalf of passengers on P&O’s Pacific Aria that sailed from Brisbane to Noumea into the path of a Category 5 cyclone in May, 2017 before returning in cyclonic weather to Brisbane without completing the planned voyage.
Many passengers were confined to their cabins for the majority of the trip while the ship navigated heavy seas, strong winds, closed ports and crashing waves. The claim seeks to recover damages for disappointment and distress and a refund of the cruise fare paid by each passenger and for those who travelled to join the ship in Brisbane from afar, their travel costs.
In 1993 the High Court awarded damages of $5,000 to Joan Dillon who was evacuated from the "Mikhail Lermontov", which in February 1986 had struck rocks off the north-eastern tip of the South Island of New Zealand and sank.
The accident occurred on the 7th day of Mrs Dillon’s 9-day cruise from Sydney. The passenger lost her possessions and her relaxing cruise holiday was ruined.
Mrs Dillon sued the cruise line with 122 other passengers. The High Court ruled that where a service provider is shown expressly or impliedly to have agreed to provide pleasure, entertainment or relaxation (or to prevent molestation or vexation), a breach on its part makes it liable for the customer’s resulting “disappointment, distress, upset and frustration caused by the unfulfilled promise of a happy, joyous, peaceful and contented holiday”.
Mrs Dillon and her fellow passengers were awarded $5,000 each. In another case involving European rive cruises in 2011, 1,300 passengers have been awarded $6,000-$12,000 on a case-by-case basis after evaluating the extent to which each passenger’s holiday enjoyment was disrupted by itinerary changes caused by river flooding.
The court also ordered refunds of between 40% – 90% of the fare paid by each passenger and a refund of their travel costs to the port of embarkation.
The P&O Pacific Aria Class Action seeks disappointment damages of $12,000 per passenger; a refund of fares paid; and each passenger's expenses including travel costs to and from Brisbane.
Yes. If you were a passenger on board Pacific Aria for the 5 May 2017 cruise from Brisbane, you are automatically a Group Member for the purposes of the Pacific Aria P&O Class Action. Being a Group Member costs you nothing. You are though entitled to opt-out of the group if you dont want to participate.
Yes. Registration allows you to be updated about the process of the class action and participate in and benefit from a negotiated settlement. All you need to do is click the REGISTER button above and follow the prompts. You will receive your user details for access. Registration costs you nothing.
We will post regular updates. Registered Group Members can upload data and cruise records. We will also contact each Registered Group Member about any information we need to collect. Until then, as long as we have your contact information, there is nothing further we need.
Please register your interest to upload your photos and/or videos. If you already have an approved account, please go to your files page to upload.
Yes! Please submit your details and select ‘travelling as part of a group’. Each passenger in the group can upload the same payment receipt and comment re the amount you contributed. If you have a bank statement showing payment, please upload that too.
If you are an adult now, register your details. If still a child, ask the adult with whom you were travelling to register for you. They will need to select that they were travelling with a child.
Yes. Please upload evidence of your airline flight, expenses etc.
Please provide details but note this claim will not yield any damages for the injury. It is for disappointment, vexation, distress and inconvenience.
A parent or child of the deceased passenger (or the executor of their estate) should register their details.
Yes. Please upload any email correspondence and documents relating to the credit or cash payment.
Yes. Please include all your flight details and costs of your flight back from Noumea.
Cyclone Donna became a Category 3 Cyclone.
Pacific Aria departed Brisbane.
Cyclone Donna became a Category 4 Cyclone.
Pacific Aria made port in Noumea and remained there overnight.
Cyclone Donna became a Category 5 Cyclone.
Pacific Aria left Noumea for Brisbane.
Cyclone Donna reduced to a Category 4 Cyclone.
Cyclone Donna reduced to a Category 1 Cyclone.
Pacific Aria arrived back in Brisbane.
From the media
14 May
2GB Syndey - ‘Are you serious?’: Cruise company cops legal action over bad weather
13 May
Australasian Lawyer – 2017 Pacific Aria passengers file class action for ‘cruise from hell’ experience
12 May
cruisepassenger.com.au – Serious weather events could cause more cruise class actions
10 May
9news.com.au – Class action lawsuit over cyclone-hit cruise
10 May
news.com.au – Class action launched over cruise that steered into category 5 cyclone
09 May
ABC News Article - Cyclone Donna: Schools Closed, flights cancelled as category four storm eyes New Caledonia
08 May
NZ Herald News Article - Tropical Cyclone Donna becomes Category 5 storm, worst May storm on record in South Pacific
04 May
AAP News Article - Category three Cyclone Donna bears down on Vanuatu