Rawlings v Royal Caribbean Cruises Ltd [2020] NSWDC 822

District Court New South Wales

Medium Neutral Citation: Rawlings v Royal Caribbean Cruises Ltd [2020] NSWDC 822 Hearing dates: 20 – 23 April 2020; 22 May 2020; 1 – 5 June 2020 Decision date: 22 December 2020 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) Verdict and judgment for the Plaintiff in the sum of $97,344 (2) Subject to any application to my Associate by 1 February 2021, to relist the matter for any further or other order as to costs the Defendant is to pay the Plaintiff's costs Catchwords: FALSE IMPRISONMENT – Where the Plaintiff is a passenger on a cruise ship operated by the Defendant – Where the Plaintiff is detained in a cabin on the cruise ship following alleged sexual assault– Whether the Captain was justified at common law to detain the Plaintiff for that time – Whether the Captain was contractually justified in detaining the Plaintiff DAMAGES – Aggravated and exemplary damages Claim– Civil liability claim – Whether the Plaintiff suffered psychological/psychiatric injury Legislation Cited: Civil Liability Act 2002 (NSW) Crimes at Sea Act 2000 (Cth) Evidence Act 1995 (NSW) Jervis Bay Territory Acceptance Act 1915 (Cth) Cases Cited: Cubillo v Commonwealth (No 2) (2000) 103 FCR 1 Hook v Cunard Steamship Co [1953] 1 Lloyd's Rep 413 Prison Officers Association v Iqbal [2010] All ER 663 Ruddock v Taylor (2005) 222 CLR 621 Sangha v Baxter (2009) 52 MVR 492 SAS Realty Developments Pty Ltd v Kerr [2013] NSWCA 56 State of New South Wales v Riley [2003] NSWCA 208; 57 NSWLR 496 State of New South Wales v Zreika [2012] NSWCA 37 The Lima (1837) 3 Hag Adm 356 Watts v Rake (1960) 108 CLR 158 Texts Cited: LexisNexis, Halsbury's laws of Australia Category: Principal judgment Parties: Daniel Rawlings (Plaintiff) Royal Caribbean Cruises Ltd (Defendant) Representation: Counsel: Mr D. Stanton (Plaintiff) Mr J. Sheller SC (Defendant)