The Federal Court has found that Carnival Australia was negligent and engaged in misleading representations over the ill-fated Ruby Princess voyage in March 2020.
The cruise, which had over 2,600 passengers on board, had to return to Sydney due to a COVID-19 outbreak. More than 660 positive cases and 28 deaths were linked to the cluster.
According to the ABC, a class action claimed that Carnival and its owner/operator, Princess Cruise Lines, violated duties of care and Australian Consumer Law.
Justice Angus Stewart determined that Carnival was negligent in specific aspects concerning passenger safety precautions.
Furthermore, the court found that the company had made misleading representations in its pre-holiday communications to passengers, particularly by conveying that it was “reasonably safe” to participate in the cruise.
Additionally, the judge noted that the company should have been aware that its screening procedures were not likely to detect all infectious passengers.
The court determined that cancelling the cruise would not have posed an unreasonable burden, leading to a finding of negligence and a breach of the respondents’ duty of care.
“I have found that before the embarkation of passengers on the Ruby Princess for the cruise in question, the respondents knew or ought to have known about the heightened risk of coronavirus infection on the vessel, and its potentially lethal consequences,” the judge said.
Justice Stewart attributed this knowledge to previous experiences the company had the month before, involving outbreaks on two other ships under its operation, namely the Diamond Princess and Grand Princess.
No personal damages
In terms of personal injury claims, the court concluded that the lead plaintiff, Susan Karpik, did not meet the criteria for damages following the Ruby Princess cruise.
Nevertheless, she was granted $4,400, plus interest, to cover her out-of-pocket medical expenses.
Damages for distress and disappointment were offset by the refunds provided to all passengers for the cruise.
In response to the ruling, a Carnival Australia spokesperson said, “We have seen the judgment and are considering it in detail”.
“The pandemic was a difficult time in Australia’s history, and we understand how heartbreaking it was for those affected,” they said.
The Ruby Princess debuted in Sydney in October 2019.
