Virgin avoids damages over water mix-up

Two passengers served perfumed water by mistake on a Virgin flight have failed to convince a judge the error made them seriously ill.

Virgin Australia has successfully defended a claim brought by two passengers who were accidentally served perfumed water on a flight from Bali to Sydney. Picture: Brendan Radke

Two passengers who were served perfumed water by mistake on a Virgin Australia flight from Bali to Sydney, have failed to convince a judge the error made them both seriously ill.

Phillip Grueff and Rebecca Saltmarshe sought unspecified damages from the airline, following the incident on May 31, 2019.

According to the ruling of Federal Court judge John Griffiths, a flight attendant poured both passengers a cup of water from a plastic bottle, shortly before the plane landed in Sydney.

Mr Grueff drank the entire contents of the cup and Ms Saltmarshe took a couple of mouthfuls, when they noticed the water was “tainted”.

Cabin crew were alerted, and they confirmed there had been a mix-up and the passengers were served water containing perfume which had been used as a deodoriser in the plane’s toilet.

Both passengers alleged they suffered a range of illnesses in the days that followed, including diahorrea, sore throats, food intolerances, temporary weight loss and nausea.

“It appears that after a few weeks both returned to full health however both say that for several months they experienced food sensitivities,” Justice Griffiths said.

Mr Gueff and Ms Saltmarshe sought damages under the Montreal Convention, which covers on board accidents leading to bodily injury or the death of passengers.

Under the convention, airlines can be liable for damages up to $236,000.

Justice Griffiths said he gave consideration to whether the couple actually suffered a bodily injury, and if so, whether that was caused by drinking the perfumed water.

Despite noting that he found both Mr Grueff and Ms Saltmarshe credible witnesses, Justice Griffiths concluded that the various symptoms experienced by the pair did not constitute a bodily injury.

“I am not persuaded on the evidence before me that any of those conditions was caused by the accident involving the ingestion of the tainted water,” he said.

“There is no medical evidence which establishes any link between the applicants ingesting the water and the health conditions which they subsequently experienced.”

He cited evidence provided by the couple’s doctor, that showed pathology tests on Mr Grueff’s diahorrea returned a negative result.

The doctor had noted that he believed the diahorrea was likely caused by something Mr Grueff ate or drank in Bali, where he had spent six weeks.

Both Mr Grueff’s and Ms Saltmarshe’s applications were dismissed, with costs awarded to Virgin Australia, as the respondent.