Langdon v Carnival PLC [2024] NSWCA 168

Langdon v Carnival PLC [2024] NSWCA 168

The cruise incident did not, on the balance of probabilities, trigger an aggravation of pre-existing, but previously asymptomatic, degenerative changes to Mr Langdon's cervical spine or shoulder, rather than merely causing him muscular strain. Nor did the incident cause psychological or psychiatric injury. Observational evidence from lay witnesses did not sufficiently distinguish the effects of the cruise incident from a subsequent toilet cubicle incident. The trial judge did not err in findings as to causation, damages, or credibility. The assessment of damages was within the reasonable range. The trial judge erred in relation to the legal approach under r 42.15A UCPR on indemnity costs...

Jurisdiction
Australia
Judgment Date
16 July 2024
Procedural Posture
Appeal and Cross Appeal / Judgment on Appeal From Supreme Court of Nsw, Common Law Division
Outcome
Appeal dismissed with costs; leave granted and cross-appeal allowed; varied costs orders in favour of Carnival PLC t/as P&O Cruises Australia.
Legal Topics
['causation' 'damages' 'appellate Review' 'costs' 'indemnity Costs' 'offers of Compromise']
['negligence' 'personal Injury' 'civil Procedure'] ['causation' 'damages' 'appellate Review' 'costs' 'indemnity Costs' 'offers of Compromise']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Judgment on Appeal From Supreme Court of Nsw, Common Law Division

Legal Issues

  1. 1 ['Whether the cruise incident was the cause of aggravation of pre-existing asymptomatic degenerative changes to the cervical spine and left shoulder' 'Whether the cruise incident caused psychological or psychiatric injury' 'Whether the trial judge erred in findings as to causation and damages' 'Appropriate assessment of costs where offers of compromise were not accepted']

Ratio Decidendi

The cruise incident did not, on the balance of probabilities, trigger an aggravation of pre-existing, but previously asymptomatic, degenerative changes to Mr Langdon's cervical spine or shoulder, rather than merely causing him muscular strain. Nor did the incident cause psychological or psychiatric injury. Observational evidence from lay witnesses did not sufficiently distinguish the effects of the cruise incident from a subsequent toilet cubicle incident. The trial judge did not err in findings as to causation, damages, or credibility. The assessment of damages was within the reasonable range. The trial judge erred in relation to the legal approach under r 42.15A UCPR on indemnity costs...

Court Disposition

Appeal dismissed with costs; leave granted and cross-appeal allowed; varied costs orders in favour of Carnival PLC t/as P&O Cruises Australia.

Orders

  • ['Appeal dismissed with costs.' 'Grant leave to the cross-applicant to cross-appeal.' "Allow the cross-appeal and vary order 1 made by the primary judge on 1 February 2024 as follows: (a) Order that the plaintiff pay the defendant's costs of the proceedings to be assessed on the ordinary basis up to and including 19...