The operator of the Ruby Princess cruise ship has been ruled liable for passenger injuries connected to the COVID-19 outbreak during its March 2020 voyage, following a failed legal challenge. At the time, the vessel departed from Sydney with 2,671 passengers and 1,146 crew on board for a 13-day trip to New Zealand. However, the journey was cut short after 11 days as Australia began imposing border restrictions due to the escalating pandemic.
During this cruise, there were 663 reported COVID-19 cases aboard, and tragically, 28 passengers lost their lives. A class action lawsuit led by Shine Lawyers, with Susan Karpik as the lead plaintiff, accused Carnival of negligence and misleading conduct. In October 2023, the Federal Court affirmed that Carnival had a duty of care towards passengers and had to be aware of the increased risk of COVID-19 on board.
Justice Angus Stewart affirmed the ruling, stating that Carnival should have cancelled the cruise given the circumstances. He noted that it was predictable that Karpik would face a heightened risk of exposure to the virus by boarding the ship. The court also rejected another appeal from passengers seeking higher damages than those initially awarded to Karpik.
While Karpik was compensated with $4,423 for medical expenses, her initial claim for more than $360,000 in damages for distress and other factors was not granted, as she had not been diagnosed with long COVID. Carnival had previously sought to settle the claim for $15 million, but this offer was turned down by the plaintiffs, who were asking for $69 million instead.
The court’s panel, comprising Justices Brigitte Markovic, Sarah Derrington, and Darren Jackson, collectively dismissed Carnival’s appeal, confirming the earlier findings that the cruise should have been called off. Justice Stewart is expected to outline the future course of the case soon.