Ruby Princess operator misled passengers about cruise safety, judge rules

He found a reasonable person in the position of Carnival and Princess Cruises would have cancelled the cruise and the companies were therefore negligent and in breach of their duty of care.

Stewart said the companies were also negligent in relation to precautions taken for passenger safety, and should have implemented better pre-embarkation screening, including temperature screening, and physical distancing on board, and isolated ill passengers from March 11, 2020.

He found the companies had made “misleading representations that it was reasonably safe for passengers to embark on the cruise, that the respondents would take reasonable care for the safety of passengers during the cruise, that they would implement increased monitoring, screening and sanitation protocols” and would do all things reasonably necessary to enable passengers had safe, relaxing and pleasurable cruise.

Stewart found Susan Karpik’s own coronavirus infection gave rise to very mild symptoms and said she did not suffer from long COVID. “Her adjustment disorder was of moderate severity and of relatively short duration,” he said.

On this basis, she did not receive damages for her personal injuries. However, Stewart said she was successful in her claim for out-of-pocket medical expenses totalling $4423.48 plus interest.

He said Karpik was also entitled to distress and disappointment damages on all her claims but that all passengers had received a refund, and he assessed damages at “no more than the refund” of about $4400. On this basis, he said Karpik received “nothing on this head of damages”.

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Vicky Antzoulatos, Shine Lawyers joint head of class actions, ran the case. She said Carnival “should now do the right thing and compensate all the passengers rather than prolong the matter through further litigation”.

The NSW Special Commission of Inquiry into the Ruby Princess, which examined missteps in containing wider community transmission of the virus by passengers disembarking in Sydney, confirmed that 39.4 per cent or 663 of the 1682 Australian passengers on board the cruise contracted COVID-19. There were 20 Australian deaths associated with the voyage.

Carnival Australia was approached for comment.