Scenic Tours case off to High Court

[GUT2407]

The prior class action against Scenic Tours for the river cruise that wasn’t is now heading to the High Court on a leave to appeal application.

 

some interesting points of law are being argued.

Edited May 24, 2019 by GUT2407

[MicCanberra]

Wow, they will  really drag this one out.

[GUT2407]

27 minutes ago, MicCanberra said:

Wow, they will  really drag this one out.

I have heard the High Court looked set to grant leave on one of the four or five grounds of appeal, when the appellate sought time to amend the appeal.

 

a big issue was if the Civil Liability Act appls to the assessment of damages for disappointment and distress, basically if it does it is a personal injury and there needs to be a 15% loss of function to recover under that head of damages and that was the one ground two justices appeared set to grant leave in relation to.

 

 

[Docker123]

Any lawyers amongst the distressed passengers.

 

I seem to remember from the ex doing law there is some sort of precedent for holiday upset solicitors.

 

 

Perhaps Jarvis vs Someone or other.

Edited May 24, 2019 by Docker123

[GUT2407]

7 minutes ago, Docker123 said:

Any lawyers amongst the distressed passengers.

 

I seem to remember from the ex doing law there is some sort of precedent for holiday upset solicitors.

 

There’s certainly precedent for for disappointment and distress over a holiday being claimable under contract law, and that it could be a head of damages in personal injury law, in Moore v Scenic the Supreme Court was old that both parties agreed that it disappointment and damages constituted personal injury, the problem then however was that they then had to meet the 15% threshold under the Civil Liability Act, that concession may come back and bite them.

[MicCanberra]

I don't think there is going to be a resolution to suit either party here.

[Obilix]

The amount of money you will spend on lawyers to recover the entire cost of one holiday will keep Mr. and Mrs Gut on annual overseas cruises for the next five years.

 

Just sayin'.

[GUT2407]

4 hours ago, Obilix said:

The amount of money you will spend on lawyers to recover the entire cost of one holiday will keep Mr. and Mrs Gut on annual overseas cruises for the next five years.

 

Just sayin'.

Hope so anyway, love a story with a happy ending, you know “the lawyers got the lot”, though some mugs are probably doing it no win no fee. It actually an interesting legal issue.

[MicCanberra]

10 hours ago, GUT2407 said:

Hope so anyway, love a story with a happy ending, you know “the lawyers got the lot”, though some mugs are probably doing it no win no fee. It actually an interesting legal issue.

They always win enough to come out ahead.

[gbenjo]

13 hours ago, GUT2407 said:

Hope so anyway, love a story with a happy ending, you know “the lawyers got the lot”, though some mugs are probably doing it no win no fee. It actually an interesting legal issue.

Only two types of people I don't like.....lawyers and school teachers 😂😂😂😂 

[MicCanberra]

54 minutes ago, gbenjo said:

Only two types of people I don't like.....lawyers and school teachers 😂😂😂😂 

I don't mind either of those people as long as there is only one of each at a time. 

[GUT2407]

1 hour ago, gbenjo said:

Only two types of people I don't like.....lawyers and school teachers 😂😂😂😂 

Yeah them school teaches are the pits.

[MicCanberra]

10 minutes ago, GUT2407 said:

Yeah them school teaches are the pits.

You bear that burden well.

[MMDown Under]

I am not a lawyer, however I feel Scenic Tours has lost good will in public opinion, by not putting their passengers first.  Other river cruise lines put passengers first by giving them a choice to cancel.  What price loss of reputation?

[gbenjo]

And they don't teach spelling anymore 😂😂😂😂

[GUT2407]

25 minutes ago, MMDown Under said:

I am not a lawyer, however I feel Scenic Tours has lost good will in public opinion, by not putting their passengers first.  Other river cruise lines put passengers first by giving them a choice to cancel.  What price loss of reputation?

Yeah sometimes a win is a loss

 

[MicCanberra]

1 hour ago, MMDown Under said:

I am not a lawyer, however I feel Scenic Tours has lost good will in public opinion, by not putting their passengers first.  Other river cruise lines put passengers first by giving them a choice to cancel.  What price loss of reputation?

I agree, it (customer service after an incident) has turned me off several companies.

[GUT2407]

47 minutes ago, MicCanberra said:

I agree, it (customer service after an incident) has turned me off several companies.

I frequently say it’s not companies not having things go wrong, but how they deal with the fall out when things do go wrong, that really matters

[MicCanberra]

Exactly, things went wrong for quite a few other companies  but they managed to deal with them so much better.,

[The_Big_M]

I don't know many holiday/travel related companies that give a refund for bad weather, especially when they still deliver a substitute service, and it's also disclosed in their terms and conditions.

 

[MicCanberra]

No not for bad weather, but they have for failure to deliver the product promised. A bus tour is not a river cruise.

[GUT2407]

I think the big issue is failing to give notice so people could decide to cancel. Same issue as the Aussie cruise that went south instead of north when the cyclone blew up.

[GUT2407]

But none of that is relevant to the High Court appeal.

[MicCanberra]

3 hours ago, GUT2407 said:

But none of that is relevant to the High Court appeal.

No, they will be looking at breach of contract and / or false advertising.

[The_Big_M]

But the contract covers that situation, so there isn't a leg to stand on. And no false advertising - if a cruise isn't possible due to weather then they provide a substitute, the same as other travel providers. It's not as though they guarantee that every single sector will operate. And they only substitute what is necessary.

 

All the travel businesses have wordings and procedures to cover substitution.

Edited May 27, 2019 by The_Big_M