Royal Caribbean’s legal action against White Island volcano victim dismissed

A woman who lost her husband and daughter in the White Island volcano eruption has had a legal win against Royal Caribbean.

Royal Caribbean Cruises’ legal bid to stop a family seeking damages after the White Island volcano disaster has been dismissed in the Federal Court.

Marie Browitt, who lost her husband, Paul, and 21-year-old daughter, Krystal, due to the eruption told News Corp she was “ecstatic”.

Marie Browitt with her daughter and White Island volcano survivor Stephanie. Picture: Alex Coppel.

The cruise line launched legal action in December 2020 against victims seeking financial compensation after the NZ disaster, in a bid to stop them moving forward with lawsuits in Florida, where the company is based.
Royal Caribbean launched legal proceedings against Melbourne’s Ms Browitt after she attempted to sue, arguing a clause in their contract meant they were bound under NSW legislation.
But on Friday morning in the NSW Federal Court, Judge Angus Stewart SC dismissed the cruise line’s application and ordered the company to pay Ms Browitt’s legal fees.

“The pursuit of the Florida proceeding is entirely legitimate and in no sense unconscionable,” Justice Stewart SC said in his written judgement.
He asked Ms Browitt to submit an application outlining the costs she sought.
The deadly eruption in December 2019 killed 22 people visiting the island and caused serious injuries to the survivors.
Most of them travelled to the island on Ovation of the Seas, owned by Royal Caribbean.

Twenty-two people were killed in the White Island volcano eruption in 2019. Picture: Lillani Hopkins/AFP

White Island off the coast of Whakatane, New Zealand. Picture: Phil Walter/Getty

Ms Browitt cried “tears of hope” when she heard the news.
“We are ecstatic, we are thrilled - there are no adequate words. We cried our heads off - I cry every day for my family but today my tears are tears of hope,” she said.

Ms Browitt and her daughter Stephanie, who survived the explosion but suffered burns to more than 70 per cent of her body, were in line to get the Pfizer jab when they got the news.

Too anxious to watch the judgement, the pair were told of their legal win over the phone.

Ms Browitt, said the outcome was “just step one - this is the fight to get into the real fight”.

“To me they are heartless, greedy people,” Ms Browitt said.

“They questioned me when they already know I‘ve lost my family because of their decisions. All we really seek is justice.”

Lawyer Peter Gordon, of Gordon Legal, said it was a “really tough case, really hard fought”.

He said Royal Caribbean had 21 days to lodge an appeal if they chose to do so, which he would then seek to have heard expeditiously.

“I share Marie‘s cynicism about what legal options they are prepared to exhaust here and in the US,” Mr Gordon said.

With a 12-month deadline for bringing claims in Florida, which has expired, Mr Gordon said the Browitt‘s case would not lead to a floodgate of claims against one of the world’s largest cruise lines.

“This is about Royal Caribbean, a widow and her daughter,” he said.