Cruise Passengers Receive $2.4 Million After Cyclone Hits Pacific Aria
A major legal victory has been achieved by nearly 1,500 passengers who were aboard the Pacific Aria during a harrowing May 2017 cruise that encountered Cyclone Donna in the South Pacific.
After years of legal battles, a Brisbane Federal Court approved a $2.4 million settlement, compensating those affected by the disastrous voyage.
The class-action lawsuit, led by Debrah Jackson, accused Carnival Corporation, the parent company of P&O Cruises Australia, of knowingly sending the ship into the path of the cyclone without providing passengers the option to cancel or reschedule their trip.
A Disastrous Voyage
The ill-fated voyage began on May 5, 2017, when the Pacific Aria departed Brisbane for a 7-night cruise to New Caledonia, with scheduled stops in Noumea, Lifou Island, and Port Vila.
However, Cyclone Donna had already begun forming in the South Pacific by April 29, and by May 3, it had intensified to a Category 1 storm. Despite the growing danger, Carnival Corporation maintained that the cruise could safely proceed.
By May 7, the cyclone had escalated to a Category 4 storm, packing winds of 145 mph and waves ranging from 20 to 23 feet. Instead of relaxing on tropical islands, passengers found themselves caught in treacherous seas, enduring extreme conditions at sea.
Many passengers reported severe ship listing, flooding in cabins and corridors, and extreme seasickness, with some being forced to remain confined to their rooms for safety.
A Legal Battle and Settlement
After enduring this “cruise from hell,” Debrah Jackson, along with other affected passengers, filed a lawsuit against Carnival Corporation in 2023.
They claimed that the cruise line had been negligent in its handling of the storm’s approach and that passengers were subjected to unsafe and uncomfortable conditions due to the decision to continue the voyage.
While Carnival Corporation denied any wrongdoing, citing its booking terms that allow for changes in itineraries due to weather or unforeseen circumstances, the company ultimately chose to settle the case rather than engage in a prolonged legal battle.
On February 27, 2024, Justice Roger Derrington approved the settlement, ensuring that each affected passenger would receive compensation. The agreement stipulates that each passenger will receive:
- $944 AUD (the median cruise fare paid)
- $900 AUD in compensation for the distress experienced during the voyage
- Lead plaintiff Debrah Jackson will receive an additional $2,000 AUD for her role in initiating the case
In total, $1.2 million AUD will be allocated to the passengers, while legal fees are capped at $1 million AUD.
A Turning Point for Affected Passengers
While Justice Derrington acknowledged that the cruise was far from what passengers had anticipated, he emphasized that the settlement marked a significant resolution for those who endured the traumatic experience.
Passengers now have the opportunity to put the ordeal behind them, though it remains a vivid memory of what many have called their “worst vacation.”
This case follows a broader trend of lawsuits related to cruise line negligence during extreme weather events. For instance, a 2018 lawsuit involving passengers of the Norwegian Breakaway ship, which sailed into a bomb cyclone, is still ongoing.
For now, the passengers aboard the Pacific Aria’s ill-fated 2017 voyage can finally find closure, even if the memory of their terrifying journey will linger for years to come.
