McLean's Roylen Cruises Pty Ltd v McEwan

McLean's Roylen Cruises Pty Ltd (the appellant) appealed to the High Court of Australia against a decision of the Supreme Court of Queensland which had upheld a judgment in favour of Mr. McEwan (the respondent). The dispute concerned the respondent's claim for damages for personal injuries sustained while he was a passenger on a cruise ship operated by the appellant. The respondent alleged that his injuries were caused by the negligence of the appellant's crew.

The High Court was required to determine whether the appellant had breached its duty of care to the respondent, and if so, whether that breach caused the respondent's injuries. Specifically, the court considered whether the standard of care owed by a carrier of passengers to its passengers extended to ensuring their safety from the actions of other passengers, and whether the appellant's actions or omissions in managing the conduct of passengers on board constituted negligence.

The court reasoned that the appellant, as a carrier of passengers for reward, owed a duty to take reasonable care for the safety of its passengers. This duty included taking reasonable steps to prevent foreseeable harm to passengers, including harm caused by the conduct of other passengers. The court found that the appellant had failed to take adequate steps to control the behaviour of a group of rowdy passengers, whose actions ultimately led to the respondent's injury. The principles of negligence, including the foreseeability of harm and the reasonableness of the steps taken to prevent it, were applied.

The High Court dismissed the appeal, affirming the decision of the Supreme Court of Queensland. The appellant was ordered to pay the respondent's costs.