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Shine begins class action investigation on Ruby Princess
Shine Lawyers has commenced an investigation into a certain class action to hold the Ruby Princess’ owner and operator Carnival Corporation accountable for failing to protect the health and safety of passengers.
Tony Zhang
In an update to Lawyers Weekly, Shine Lawyers has confirmed that hundreds of people have sent enquiries to the firm for a class action, including 19 overseas guests registering with them, with people who also had tested positive for the virus.
Two more Ruby Princess passengers have died from coronavirus, taking Australia’s death toll to 61.
A 74-year-old woman in Newcastle and a 79-year-old man on the Northern Beaches died.
Vicky Antzoulatos, Shine Lawyers’ class action practice leader said that this investigation will explore whether legal avenues in negligence, breach of contract and breaches of the Australian Consumer Law exist to hold the Ruby Princess owners and operators, Carnival Corporation, to account for failing to safeguard and protect its passengers from the impact of COVID-19.
“The involvement of the relevant state and Commonwealth authorities in the docking and disembarkation of the ship will also be explored,” Ms Antzoulatos said.
Ms Antzoulatos has also said that the firm had already done considerable work on a potential class action against Carnival as it had investigated bringing a similar case in 2019 over several outbreaks of norovirus on the Sun Princess.
“There are some jurisdictional issues but it is listed in the UK and this is a giant of world companies,” Ms Antzoulatos said.
“We are confident that despite current events, this company has the wherewithal to pay out.”
Most likely the class action will be brought in the Federal Court and involve claims of breaches of Australian Consumer Law as well as possible claims of breaches of contract and negligence.
At the least, the claim is likely to seek the return of the ticket price to passengers – estimated by Shine to be an average of $3,000 a person – and damages for loss of enjoyment.
In the meantime, Shine will be seeking information on why Carnival chose to run the cruise in the first place, given that the previous cruise had 158 instances of sickness.
“The ship was turned around in a matter of hours,” Ms Antzoulatos said.
“It beggars belief that they could have sanitised the ship from top to bottom.
“There is a massive issue about disclosure. If passengers had been told that the previous passengers were displaying symptoms consistent with coronavirus, would they have got on?”
The case is expected to be lodged in the Federal Court in coming weeks.
Concurrently, the massive criminal investigation into a deadly outbreak of coronavirus in Australia stemming from the Ruby Princess cruise ship is expected to be finished by September this year, Premier Gladys Berejiklian confirmed.
NSW homicide detectives may have to interview all of the 2,647 passengers on the ship as well as more than 1,000 crew members from more than 50 countries.
Previous lawyers told Lawyers Weekly that a criminal investigation is certainly necessary and would almost certainly cause legal fallout.
Whether criminal charges will be laid against Carnival or any individual executives or crew members will depend on the police investigation and whether investigators conclude that any actions amount to a deliberate breach of Australia’s strict biosecurity laws.
Ms Antzoulatos said that the criminal investigation may support their arguments although both the civil and criminal investigations will run separately.
“The investigation including any findings of fact will inform any proceedings we take but will not determine liability in class action proceedings or any other proceedings taken. Criminal findings may support our arguments but the civil and criminal investigations will run separately,” she said.
Furthermore, Ms Berejiklian will seek legal advice this week on whether a Special Commission of Inquiry could run alongside the homicide investigation.
In NSW, a Special Commission of Inquiry is launched when the Premier appoints a prominent current or former legal professional to probe an issue.
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