Ruby Princess passenger loses $300,000 damages claim but others will be able to have their cases individually assessed

• Susan Karpik has lost her challenge to $300,000 of damages.
• The courts have upheld Justice Angus Stewart’s decision that Princess misled passengers saying the cruise was reasonably safe.
• The courts have upheld that Princess will remain liable to pay passengers impacted by the virus after a failed appeal.
• Passengers will be able to get their individual cases assessed.

A woman whose husband nearly died following a Covid outbreak on the Ruby Princess has lost her challenge to the damages she was awarded.

The Federal Court in 2023 found Princess Cruises and its owner Carnival Corporation PLC were negligent in allowing the ship to sail and nearly 700 passengers contracted the Covid on a 13-day voyage from Sydney on March 8, 2020. The cruise led to 28 deaths.

Shine Lawyers, on behalf of the passengers launched a class-action lawsuit.

Justice Angus Stewart also found the cruise line misled passengers by making representations that the cruise was reasonably safe to embark on and the company would take reasonable care for the safety of passengers by increasing monitoring, screening and sanitation protocols.

The class-action was led by Susan Karpik, along with her husband, Henry who the courts found, most likely contracted Covid from the cruise, Justice Stewart found.

The courts heard that her husband became so sick from the virus that he was only given days to live, at one stage. He spent nearly two months in hospital during which time he was intubated, ventilated and placed in a medically induced coma.

Mr Karpik survived.

Mrs Karpik experienced minor symptoms of the virus and Justice Stewart found that she had suffered psychiatric illness because of fear that her husband might die.

She lodged an appeal against her personal injury, disappointment and distress damages. She had sought more than $300,000 but was only awarded $4000 as a refund for her ticket.

Carnival Corporation also lodged a cross-appeal against Justic Stewart’s findings of negligence and misleading representations.

Justice Sarah Derrington dismissed both appeals in the Federal Court on Tuesday morning, ordering each party to pay for each other’s costs.

“Each of the appeal and the cross-appeal have failed in their entirety,” Justice Derrington said.

She upheld the findings of Justice Stewart that Carnival Australia breached consumer guarantees and its duty of care to passengers by not cancelling the cruise.

Justice Derrington also found the Justice Stewart was correct in concluding Mrs Karpik’s damages didn’t exceed the cost of the ticket refund she was given, and she wasn’t entitled to personal injury damages as it fell below the severity required.

Justice Derrington described how Mr Karpik was “gravely ill and nearly died” in her reasons for judgment, with Mrs Karpik unable to be by her husband’s side, as she was told he only had about a 10 per cent shot at survival while she was still self-isolating.

Mr Karpik’s condition improved over the following days and he survived despite a “long and difficult recovery”.

The decision allows passengers to have their individual claims assessed more than five years after the cruise.

Ms Karpik told NewsWire she was pleased those involved in the class action may now be able to receive compensation.

“The appeal judgment has given me a lot of relief in that it has continued to find Carnival liable for the events that occurred in March 2020 on the Ruby Princess,” Ms Karpik said in a statement outside court.

“The process has been long and lots of people have been impacted.
“I am grateful to Shine Lawyers for their efforts and pleased about what this outcome means for group members, particularly for the families that have lost loved ones and those that are still recovering.

“Hopefully now they can all receive some justly deserved compensation.”

 Princess Cruises spokesperson said they were “considering next steps”.

“We are carefully reviewing the judgement and are considering next steps,” the spokesperson said.

“The pandemic was a difficult time in Australia’s history, and we understand how challenging it was for those affected.”