Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650

District Court New South Wales

Medium Neutral Citation: Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650 Hearing dates: 18, 19, 20, 21 and 25 July 2022 Date of orders: 9 November 2022 Decision date: 09 November 2022 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $326,122. (2) Order the defendant to pay the plaintiff's costs, those costs to be assessed on an indemnity basis from 22 June 2022. Catchwords: NEGLIGENCE – breach - standard of care - medical negligence – miscarriage – on a cruise – causation - mental illness Legislation Cited: Civil Liability Act 2002, s 5B, s 5D, s 5O, s 5P, s 14, s 15, s 15B Cases Cited: Paul v Cooke [2013] NSWCA 311 Wallace v Kam (2013) 250 CLR 375; [2013] HCA 19 Category: Principal judgment Parties: Courtney Waine (plaintiff) Carnival PLC trading as P&O Cruises Australia (defendant) Representation: Counsel: Ms M Gerace (plaintiff) Mr D A Priestley SC (defendant)

Solicitors: Shine Lawyers (plaintiff) Gilchrist Connell (defendant) File Number(s): 2021/00094468 Publication restriction: None

Judgment

A. Introduction 1. Courtney Waine suffered a miscarriage during and after a cruise supplied by the defendant, Carnival PLC trading as P&O Cruises Australia. She suffered heavy bleeding and discharge of the products of conception whilst in Auckland Airport on her way to Australia, which resulted in her being hospitalised in Auckland for two days. She sues Carnival for damages, including substantial psychological damage, arising from that event.