ARTICLE · 08 SEPTEMBER 2014

Employer and boat cruise operator escape liability for attack on the high seas

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The claim for damages against the boat cruise operator and the employer by a worker on a Christmas cruise was dismissed.

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In this Alert, Senior Associate Brooke Jacobs discusses a case where in a common sense decision, the Queensland Supreme Court recently dismissed a claim for damages in negligence against the boat cruise operator and an employer for injuries suffered by a worker assaulted on a Christmas party cruise.

The facts

On 2 December 2006, the worker attended a Christmas party day cruise organised by his employer, Commercial Waterproofing Services Pty Ltd (CWS) and conducted by Tall Ship Sailing Cruises Australia Pty Ltd (Tall Ship). The cruise travelled from Mariners Cove at Main Beach to McLarens Landing on South Stradbroke Island. Tall Ship operated a venue at McLarens Landing that included restaurant and bar facilities, as well as more family friendly activities such as jet skis and tube rides.

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