A cruise operator that failed to cancel a voyage from Sydney that led to a COVID-19 outbreak has been ruled negligent in an Australian class-action case. The Ruby Princess ocean liner left Sydney on March 8, 2020, for a 13-day cruise to New Zealand but returned in 11 days as Australia’s borders were closing.
Susan Karpik speaks to media outside the Federal Court in Sydney, Wednesday, Oct. 25, 2023. Karpik was the lead plaintiff in the case against British-American cruise operator Carnival and its subsidiary Princess Cruises that an Australian judge ruled failed to cancel a voyage from Sydney that led to a major COVID-19 outbreak had been negligent in its duty of care to passengers.
Federal Court Justice Angus Stewart ruled that Carnival had been negligent as defined by Australian consumer law by allowing the cruise to depart in the early months of the pandemic. He said Carnival had a duty to take reasonable care of her health and safety in regard to COVID-19.
“To the respondents’ knowledge, to proceed with the cruise carried significant risk of a coronavirus outbreak with possible disastrous consequences, yet they proceeded regardless,” Stewart said.However, she was only awarded her out-of-pocket medical expenses of AU$4,423.48 for reasons including that the judge did not accept she suffered from long COVID and that Carnival had refunded all the passengers’ fares.“I was very pleased with that finding.
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