Royal Caribbean Cruises’ big win against Sydney tradie Daniel Rawlings after massive payout

A Sydney tradie who sued one of the biggest cruise lines in the world is set to lose an eye-watering payout.

A Sydney tradie is set to lose a $100,000 payout after a cruise company successfully appealed a court ruling that he had been unlawfully detained over an alleged sexual assault.

And Daniel Rawlings has also been ordered to foot the legal bills of Miami-based Royal Caribbean Cruises – the second-biggest cruise line in the world – for both his initial court action against the company and the appeal hearing.

The NSW Court of Appeal recently heard Rawlings was put into a cabin for five days after allegations he sexually assaulted an 18-year-old girl, known as Ms A, on the Explorer of the Seas in the Pacific Ocean in 2016.

Daniel Rawlings was detained in a cabin during a cruise in 2016.

Rawlings, 28 at the time, always denied any wrongdoing and has never been charged by police.

NSW District Court Judge John Hatzistergos ruled in 2020 that Rawlings’ continued detention in the cabin beyond noon on the third day was not reasonable and awarded him about $100,000 in damages.

The court had heard on that third day the ship’s master, Captain Rick Sullivan, had received an email from Royal Caribbean Cruises’ security department that recommended Rawlings be released on the condition he have no contact with Ms A or her family.

The ship where the incident occurred, the Explorer of the Seas.

But Royal Caribbean Cruises challenged Judge Hatzistergos’ decision and three judges of the higher NSW Court of Appeal ruled in the company’s favour.

Justice Anthony Meagher said Captain Sullivan had decided to keep Rawlings in detention to avoid any potential conflict after Ms A’s mother had threatened to throw him overboard if he was released from the cabin.

Captain Sullivan believed keeping Rawlings in confinement until the ship returned to Sydney was necessary to maintain the safety of the passengers including Ms A, her family and Rawlings himself, the court was told.

This included taking into account Ms A’s emotional wellbeing.

Police board the Explorer of the Seas cruise ship in November 2016. Picture: Channel 7

Justice Meagher also said Judge Hatzistergos’ view that Rawlings’ detention was “akin to solitary confinement” was not supported by any reasoning.

“His welfare was regularly checked, both by security officers and the ship’s medical staff,” Justice Meagher said.

“He was given the opportunity to make twice daily visits to the crew deck, where he had access to the open air and the opportunity to smoke.

“He also had 24-hour access to food and non-alcoholic beverages, as well as the opportunity to acquire necessary clothing from the ship’s gift shop.”

A court previously heard Ms A was found wandering through the ship in the early hours of the morning and told security guards she could not remember what had happened after she left the vessel’s nightclub called Dizzy’s.

CCTV captured her walking to Rawlings’ room with him and another woman.

The other woman involved in the encounter previously told the NSW District Court that Ms A “knew exactly what she was doing” during a consensual sex session that lasted several hours.