Company faces potential payout of $14 million.
The NSW Supreme Court has today given its judgement on a class action against Scenic.
The case involved 13 European river cruise departures in Apr and May 2013 which were affected by torrential rain and flooding.
The judge found that lead plaintiff, David Moore, was entitled to a 100% refund of the $10,990 he paid for the cruise, plus a further $2,000 in damages, based on the provisions of the Australian Consumer Law.
Scenic had argued that passengers got at least part of what they paid for, but the judge found Moore would not have taken the cruise if Scenic had made him aware of the problems as soon as it knew about them.
The judge indicated this would apply to 10 out of the 13 cruises involved in the class action.
Somerville Legal has estimated the total judgement, including refunds of amounts paid by passengers, damages, interest and costs will amount to approximately $14 million.
The judge has ordered the parties to file further submissions, and has relisted the case for further argument in Nov.
More in tomorrow’s issue of Travel Daily.