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Ruby Princess class action expands into United States
The High Court has given the green light for almost 700 US passengers of the Ruby Princess to join a class action.
Naomi Neilson
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In a unanimous decision delivered on Wednesday (6 December), five judges of the High Court found a class action waiver in the US passenger’s terms and conditions was void under Australian Consumer Law because it is unfair.
The decision allows the 696 passengers to join Shine Lawyers’ class action against Carnival PLC and Princess Cruise Line.
Joint head of class actions Vicky Antzoulatos said the decision was a “significant win” for the passengers and provided “clarity on class action waiver clauses and their enforceability”.
“We welcome the High Court’s decision, which is a great outcome for overseas group members, who are now able to participate in the class action,” Ms Antzoulatos said.
The firm alleged that the Ruby Princess’ failure to take appropriate measures when COVID-19 broke out on the cruise ship in March 2020 constituted a breach of duty of care, consumer guarantees and other provisions under Australian Consumer Law.
The outbreak led to the deaths of 28 passengers and saw a further 600 contract the coronavirus.
The class action follows a finding by the Federal Court that Carnival PLC and Princess Cruise Line breached consumer law.
Justice Angus Stewart said the cruise line owed lead applicant Susan Karpik a duty of care to take “reasonable care as to her health and safety”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
