Langdon v Carnival PLC

The New South Wales Court of Appeal considered an appeal and cross-appeal concerning a claim for personal injury. The plaintiff, Langdon, alleged negligence against the defendant, Carnival PLC, for injuries sustained. The primary judge had made orders on 1 February 2024, which were the subject of both the appeal and the cross-appeal.

The central legal issues before the Court of Appeal involved the assessment of damages for both physical and psychological injuries, particularly where multiple potential causes of injury existed, and the application of Rule 42.15A of the Uniform Civil Procedure Rules 2005 (NSW) regarding the discretion to award indemnity costs following an offer of compromise.

The Court of Appeal dismissed the plaintiff's appeal, upholding the primary judge's findings on liability and the assessment of damages. However, the Court allowed the defendant's cross-appeal concerning costs. The Court varied the primary judge's costs order, directing that the plaintiff pay the defendant's costs on the ordinary basis up to 19 April 2022, and thereafter on an indemnity basis, reflecting the defendant's successful offer of compromise under Rule 42.15A. The Court also ordered the plaintiff to pay the defendant's costs of the cross-appeal.