Insurance Law

Court of Appeal decision takes the wind out of Tall Ships appeal

Contact: Ryan Stehlik and Jessica Schaffer,  Carter Newell (Queensland, Australia)

Packer v Tall Ships Sailing Cruises Aus P/L & Anor [2015] QCA 108

Introduction

In September 2014, Carter Newell’s newsletter ‘Cruise ship not liable for assault on passenger’ discussed a personal injuries claim heard in the Queensland Supreme Court. The case involved an appellant who had suffered serious injuries when he was assaulted by an unidentified assailant whilst boarding a ship following a work Christmas party on South Stradbroke Island. At first instance, the appellant claimed damages for the assault from the operator of the ship, Tall Ships Sailing Cruises Australia Pty Ltd (Tall Ships), as well as from his employer, Commercial Waterproofing Services Pty Ltd (employer). The appellant’s claim was dismissed against both respondents. He appealed the decision of the trial judge against Tall Ships only. 

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