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Looming class action on another coronavirus-hit cruise liner
An Australian law firm is about to launch a class action against a luxury cruise liner after 128 of the 217 people on board became infected with COVID-19.
Tony Zhang
Sydney-based Aurora Expeditions has been accused in a statement of claim of endangering the safety of 217 people by allowing the vessel to leave Argentina on 15 March, despite repeated warnings from health officials about the heightened risk of infection on cruise ships.
The basis of this investigation is to uncover failings of cruise liner owner-operator, Aurora Expeditions, to protect passengers and staff from an outbreak of COVID-19, despite embarking on the tour four days after the World Health Organisation declared a global pandemic.
The company also faces allegations it pressured the ship’s medical officer to understate the extent of the outbreak to authorities in Uruguay.
“Four days after a global pandemic was declared by the World Health Organisation, they set off on this cruise, which was extremely dangerous,” partner Larry Dent said.
“They also reassured the passengers, even hours before the cruise left, that everything was safe when clearly it wasn’t.
“They were told that if they did cancel, the normal policy would apply and that they would lose their money.”
On 15 March, the Greg Mortimer was the last boat to set sail for Antarctica before Argentina closed its borders, with other South American-based operators cancelling tours the previous day.
At the time, almost 150,000 people around the globe were infected with the virus. The Morrison government had banned flights from China and recommended Australians to avoid non-essential travel.
Lawyers Weekly understands that on 22 March, the ship’s chief medical officer Dr Mauricio Usme discovered a passenger was suffering from a fever, which prompted the Greg Mortimer to change course and head towards Uruguay.
Holidaymakers who had paid more than $50,000 each for the cruise were instructed to stay in their cabins.
But as the ship neared the coast of Uruguay, Dr Usme allegedly faced intense pressure from the senior ship staff and operators, including Aurora Expeditions, to downplay the severity of the outbreak.
On 27 March, Uruguayan authorities allowed the ship to anchor in its waters and it was not until 10 April that passengers were able to disembark and catch a medevac flight home.
Seventy per cent of the 112 Australians and New Zealanders who stepped off the repatriation flight at Melbourne Airport tested positive for COVID-19.
An Aurora Expeditions representative insisted the company had taken “extreme precautions to protect our passengers”, before warning: “If you were to cancel, please note that our standard terms and conditions would apply and we would not be able to refund or transfer your payment.”
The Greg Mortimer adds to the increasing amount of coronavirus-struck cruise liners facing legal action, with the most famous being the Ruby Princess which is currently facing a special inquiry, criminal probe and a very likely class action.
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