Carnival Australia faces class action by cruisers

[MicCanberra]

I hope they dont.

If Carnival throw in the towel and give in to these wingers , they lay themselves open to being sued everytime a ship has to change course for any reason.

 

On what we know here, I agree but there may be more to it.

Exactly what and how much was offered to the passengers that stayed on and also to those that left in Melbourne, exactly when did they book the alternate ports, who made the decision once the captain said we are not going to the islands and turned the ship around. Lots more info is required.

[Hawka]

a friend of mine i thought were on this ship but i maybe wrong i thought they go to Noumea but could not go to Fiji so went to Tassie instead but not sure if this ship even got to Noumea??

[The_Big_M]

There's more to every decision and announcement.

 

Doesn't mean that a payout is justified.

[MicCanberra]

No a pay out will not be justified, but that may happen anyway.

[GUT2407]

No a pay out will not be justified, but that may happen anyway.

 

An unfortunate fact of litigation, that a lot of people get money (or more money) than they deserve.

 

Smintimes it's better for business, or even cheaper to pay up than to fight.

[MicCanberra]

An unfortunate fact of litigation, that a lot of people get money (or more money) than they deserve.

 

Smintimes it's better for business, or even cheaper to pay up than to fight.

 

Sad but true. I just hope Australia doesn't become as litigious as some other countries.

[GUT2407]

Sad but true. I just hope Australia doesn't become as litigious as some other countries.

 

Believe it or not so do I, indeed pretty much every lawyer I know hopes not.

[MicCanberra]

Believe it or not so do I, indeed pretty much every lawyer I know hopes not.

 

Everything wold get bogged down in court actions.

My chips were cold, take them to court, now they burnt me, take them to court.:(

[Hawka]

Everything wold get bogged down in court actions.

My chips were cold, take them to court, now they burnt me, take them to court.:(

 

like the woman in the U.S suing Macca's for hot coffee *** coffee is always hot now you got to make sure when you order a hot chocolate it is hot not lukewarm due to that as well

[GUT2407]

An update.

 

Yesterday an application came before the Court by Carnival for security for costs, in the sum of $686,890.97.

 

It has been adjourned for hearing to 22 April.

 

In effect this means that, should they succeed, the Plaintiff (a Mrs De Jong being the lead plaintiff) needs to come up with this amount or risk the proceedings being stayed.

[GUT2407]

Carnival have estimated their total costs of the case at just shy of $1M.

 

An Opt-Out notice is to be prepared giving plaintiffs the opportunity to back out.

 

According to documents files passengers were give $150 OBC and half price on a cruise in Spirit or Legend upto March 2016.

[Penelope222]

According to documents files passengers were give $150 OBC and half price on a cruise in Spirit or Legend upto March 2016.

 

 

I'd have been stoked with that, but then again I'm interested in cruising just as much for time at sea and on the ship as much as for the ports - and would have loved time in Melbourne and Tasmania (ah the joys of west coast living).

 

 

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[Penelope222]

like the woman in the U.S suing Macca's for hot coffee *** coffee is always hot now you got to make sure when you order a hot chocolate it is hot not lukewarm due to that as well

 

 

Not the best example - that case was a lot more complex than just hot coffee. It was proven that McDonalds were superheating their coffee to extreme, unsafe temperatures outside the regulations. She was also only asking for help with medical costs. The settlement awarded was the profits from ONE day of national coffee sales. Just coffee, only one day. That blew my mind, and brought it home how big a profit McDonalds really does turnover.

 

 

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[goodycruising]

Carnival have estimated their total costs of the case at just shy of $1M.

 

An Opt-Out notice is to be prepared giving plaintiffs the opportunity to back out.

 

According to documents files passengers were give $150 OBC and half price on a cruise in Spirit or Legend upto March 2016.

 

Interesting info. A trip to Tassie for the cost of a Sth Pac, OBC & future cruise credit. *sigh* sounds like a fantastic deal, but I do understand some may have been disappointed not to go there.

[The_Big_M]

An update.

 

Yesterday an application came before the Court by Carnival for security for costs, in the sum of $686,890.97.

 

It has been adjourned for hearing to 22 April.

 

In effect this means that, should they succeed, the Plaintiff (a Mrs De Jong being the lead plaintiff) needs to come up with this amount or risk the proceedings being stayed.

 

As the saying goes: "Your move."

 

;-)

[GUT2407]

For sake of clarit Mrs De Jong doesn't need to stump up the whole amount, but it may lead to more dropping out of the class.

 

Also it was interesting to note that in the reasons for judgement, His Honour mentioned that the Plaintiff had indicated (in her affidavit) that Litigation Lenders had declined to fund he action.

 

I'm watching closely for more.

[The_Big_M]

She either has to come up with the whole sum through her own resources, or encourage others to come up with those funds. And then those funds are at substantial risk.

 

Either way, it's a substantial sum that's likely to be difficult to achieve.

 

Hence "her more." I expect that to be withdrawing.

[GUT2407]

She either has to come up with the whole sum through her own resources, or encourage others to come up with those funds. And then those funds are at substantial risk.

 

Either way, it's a substantial sum that's likely to be difficult to achieve.

 

Hence "her more." I expect that to be withdrawing.

 

 

Most interest to me was that litigation lenders said No Way.

 

If there are 1,000 in the class action it's only $700 each, but that will increase if they start to drop out.

 

Not really a surprising move, In my Opinion.

[Newby58]

I'd have been stoked with that, but then again I'm interested in cruising just as much for time at sea and on the ship as much as for the ports - and would have loved time in Melbourne and Tasmania (ah the joys of west coast living).

 

 

Sent from my iPad using Forums mobile app

 

 

Sure, however, would not the cruisers have tropical attire and not the clothes for a cooler itinerary they got?

[Brisbane41]

Looks like a very dirty and low legal trick by Carnival to stop the class action.

 

When companies resort to dirty tricks like that in all likelihood they think they are going to lose.

[The_Big_M]

No, it's just a way to stop people wasting money and court time.

 

The old I'll sue the rich company and if I lose, I lose nothing. Meanwhile companies have to spend time and money which just encourages them to settle even when they're in the right - which is why people try it on.

 

If they have a valid argument then they'd be happy to back it up.

 

As per earlier points, it doesn't appear to be valid but just a case of trying it on.

[GUT2407]

Actually security for costs is only for when a Plaintiff brings a case that has a chance if going down in a screaming heel, but if the loose it is apparent there is no prospect of the defendant recovering the enormous outlay in defending the case.

 

If you want to look the case up His Honour gives a pretty good potted lecture in the topic.

Edited April 4, 2016 by GUT2407

[GUT2407]

No, it's just a way to stop people wasting money and court time.

 

The old I'll sue the rich company and if I lose, I lose nothing. Meanwhile companies have to spend time and money which just encourages them to settle even when they're in the right - which is why people try it on.

 

If they have a valid argument then they'd be happy to back it up.

 

As per earlier points, it doesn't appear to be valid but just a case of trying it on.

 

They would normally get their costs anyway if they win.

 

The problem is that invariably in cases like this the Plaintiff has no chance of meeting the costs order, so an order for security is sort and the pool of plaintiffs are offered the chance of ponying up or opting out.

 

As I said earlier I understand there are about 1,000 in the class action so it is only about $700 each.

[GUT2407]

Sure, however, would not the cruisers have tropical attire and not the clothes for a cooler itinerary they got?

 

Surely the $150 OBC would go a long way to covering that.

Edited April 4, 2016 by GUT2407

[MicCanberra]

An update.

 

Yesterday an application came before the Court by Carnival for security for costs, in the sum of $686,890.97.

 

It has been adjourned for hearing to 22 April.

 

In effect this means that, should they succeed, the Plaintiff (a Mrs De Jong being the lead plaintiff) needs to come up with this amount or risk the proceedings being stayed.

 

I think that may donk this action on the head.