ARTICLE · 01 DECEMBER 2024

Karpik v Carnival PLC: The Ruby Princess – Anything but smooth sailing

McCabes

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A claim for personal injury and related damages arising from COVID-19 (COVID) infections on board a cruise ship.

AustraliaLitigation, Mediation & Arbitration

Richard Johnson

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Introduction

On 25 October 2023, Justice Stewart of the Federal Court of Australia handed down the decision in Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 – believed to be the first decision (globally) addressing a claim for personal injury and related damages arising from COVID-19 (COVID) infections on board a cruise ship.

The decision addresses breaches of consumer service guarantees in the Australian Consumer Law (ACL), misleading and deceptive conduct and a claim in negligence, along with the interaction between the service guarantees and the Civil Liability Act 2002 (NSW) (CLA).

Principles

Carnival plc and Princess Cruise Lines Ltd (jointly Carnival) have been held liable in negligence, for breach of consumer guarantees relating to the supply of services under ss 60 and 61 of the ACL, and for engaging in misleading and deceptive conduct under s 18 of the ACL in a class action judgment arising from infections on the Ruby

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