‘Rather unpleasant’: Court approves $2.4m settlement over cyclone cruise

A $2.4 million settlement for passengers on board a cruise ship that sailed from Brisbane into the path of a category 5 cyclone has been approved by the Federal Court.

The case was finalised in Brisbane on Thursday, when cruise companies were faced with three cyclones in the Pacific Ocean and several ships due to sail out of Brisbane in the coming days.

In May 2017, the Pacific Aria left Brisbane for a seven-night South Pacific cruise, taking it into the path of category 5 Cyclone Donna.

The Pacific Aria left Brisbane on May 5, 2017.

Carter Capner Law filed a claim against Carnival and P&O Cruises for damages in 2023.

The lead plaintiff, a woman named Debrah Jackson, claimed damages on behalf of the passengers over their dissatisfaction with the cruise.

According to the judgement, Jackson’s case centred on the fact the ship left Brisbane and undertook its journey when a cyclone existed, or was forming, in the Pacific in and near the vessel’s intended path.

“The vessel encountered rough conditions which had the consequence that many activities aboard the vessel were curtailed, facilities were closed, ports that were intended to be visited were not, the enjoyment of the cruise was not as desired, and generally the cruise was a rather unpleasant experience,” the judgement read.

According to the judgement, Carnival denied it had not appropriately provided services, and said at the time the Pacific Aria departed, there was a reasonable anticipation it could undertake an appropriate voyage.

Following mediation last year, the parties agreed to resolve the claim, with Carnival agreeing to pay $2,416,000, which also included a $1 million cap on Carter Capner’s fees and $100,000 to administer the payments.

“The effect of this is that all passengers will receive the primary amount of $944, being the median cost of a ticket on the cruise, and...close to $900 as additional compensation,” the judgement read.

The Pacific Aria is no longer in the Carnival fleet.

On Thursday, Cyclone Alfred had developed into a category four system, still tracking south off the Queensland coast, with another two cyclones in the Pacific.

The Quantum of the Seas was due to depart from the Brisbane International Cruise Terminal on Friday morning. Its parent company, Royal Caribbean, said there would be no changes to the itinerary for the 7 night South Pacific cruise.

Carnival’s Pacific Encounter was due back in Brisbane on Saturday. Its Pacific Adventure, already on a 10-day trip out of Sydney, will skip a planned visit to Mystery Island on Sunday and instead visit Santo.

“As the safety of our guests and crew is the priority, Carnival Cruise Line and P&O Cruises Australia will adjust itineraries for ships in the region as needed,” a company spokeswoman said.

A spokeswoman for Cunard, which operates the Queen Anne, said the crew had experience with weather events and were “monitoring the situation closely”.

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