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Scenic says its appeal has been upheld ‘in part’

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Following a statement issued yesterday saying it was not at liberty to comment on a decision by the New South Wales Court of Appeal to uphold the NSW Supreme Court’s finding in favour of a class action going back to floods in Europe in 2013, Scenic has responded with another statement today.

Headed ‘Scenic appeal upheld in part,’ it says the Court of Appeal has accepted a number of Scenic’s appeal arguments.
 
‘In a very detailed judgment, the Court of Appeal agreed with Scenic the Supreme Court judgment contained various errors, in particular in relation to the damages ordered against Scenic,’ the statement said.
 

Compensation level to be reassessed

 
‘Significantly, the Court of Appeal has dismissed a previously awarded component of damages and has ordered that the Supreme Court reassess the level of compensation to be paid.
 
‘The Court of Appeal found the Supreme Court made an error in awarding a full refund, but rather found that any compensation to be awarded should take into account the value of the services Scenic did provide.
 
‘Following the difficult and unforeseen events of 2013, Scenic responded and has already acted to ensure guests are fully covered by advising of any issues prior to departure where possible and introduced Scenic’s River Cruise Guarantee which refunds the portion of any cruise affected by these types of events.’
 
The Supreme Court will now reassess the compensation to be paid.