Family of party boat victim receive major payout from company
Written by admin on May 10, 2024
EXCLUSIVE
The family of a woman who died on a party boat has received a major settlement payout from the cruise company following claims her two sons suffered “nervous shock” as a result of her death.
Shalina Abdulhussein, 39, was found dead in a toilet cubicle during a birthday party on February 2, 2019 on the Lady Rose, a vessel owned by All Occasion Cruises, in Sydney.
Extremely hazardous levels of hydrogen sulphide were detected in the cubicle due to a faulty waterless basin.
This week, the NSW Supreme Court approved a settlement offer between Shalina’s family and the boat company on the basis that it was “beneficial” and in the interests of “each of the infant plaintiffs”.
“Both [children] suffered psychological injuries consequent upon the death of their mother,” the decision in the NSW Supreme Court stated.
In court documents seen by news.com.au, the settlement came after her long-term partner Daljit Singh lodged the claim that her two sons had suffered from “nervous shock” – a mental illness inflicted upon a person by intentional or negligent actions.
Judge Richard Weinstein found the two boys had suffered and would “continue to suffer loss and damage” as a result of the company’s negligence.
A report by the Office of Transport Safety Investigations, an independent agency, concluded that a “faulty waterless basin trap” within the sewage system led to the release of hydrogen sulphide into the cubicle.
“The defendant was negligent in the manner in which they managed the waste trap,” the NSW Supreme Court decision stated.
The family’s lawyer told news.com.au that he did not wish to disclose the settlement figure due to the sensitive nature of the claim.
The director of All Occasion Cruises – Joe Elias – has also been charged with two commonwealth offences under the Marine Safety Act.
The Commonwealth Director of Public Prosecutions allege the company failed to maintain the sewage system “in a way that prevented the escape of dangerous gases into toilet cubicles” among other equipment deficiencies unrelated to the incident.
On the day of the incident, the Lady Rose left Pyrmont at 12.30pm for the four-hour Saturday cruise with a crew of six and 27 party guests aboard.
About 30 minutes into the cruise, passengers began complaining to the crew about the odour.
After lunch, several of the passengers felt ill due to the odour getting worse and they began vomiting.
About 2.50pm, one of the crew reported the issues to the master of the boat, who was unaware of the situation.
Half an hour later, the master decided to interrupt the cruise and empty the sewage system at Bailey’s Marine, White Bay in an effort to alleviate the smell after more guests fell ill.
Ms Abdulhussein entered the toilet cubicle before the boat docked about 3.30pm and was found slumped in the cubicle by fellow partygoers. She was unable to be revived about 4.30pm.
Ms Abdulhussein, who was originally from London, moved to Sydney with her partner “to start a new life” after completing her studies in the UK.
Friends of the 39-year-old took to social media to express their condolences after news of her death became known, as well as colleagues from Newnhams Solicitors where she worked as an assistant.
“We will all miss you so much … the office will not be the same,” one wrote. “God bless your beautiful boys.”
