Welsh v Carnival Plc trading as Carnival Australia

The appeal in *Welsh v Carnival Plc trading as Carnival Australia* concerned a plaintiff who suffered injury when a ceiling panel fell on his head while he was a passenger on a cruise ship operated by the defendant. The appeal was heard in the Court of Appeal of New South Wales by McColl JA, Sackville AJA, and Adamson J.

The central legal issues before the Court of Appeal were whether the primary judge's reasons for judgment adequately engaged with the plaintiff's medical case and whether those reasons were otherwise sufficient to avoid a substantial miscarriage of justice. The court was required to consider if a new trial was warranted on the issue of damages.

The Court of Appeal found that the primary judge's reasons did not sufficiently engage with the plaintiff's medical evidence, leading to a substantial miscarriage of justice. Consequently, the appeal was allowed, the orders of the District Court made on 27 September 2013 were set aside, and the matter was remitted to the District Court for a new trial limited to the assessment of damages. The costs of the new trial were to be determined by the presiding judge, and the respondent was ordered to pay the appellant's costs of the appeal, with a certificate for the Suitors Fund (NSW) if applicable.