The inquiry into the Ruby Princess debacle has heard NSW Health officials made a series of serious mistakes, missing opportunities to prevent a deadly outbreak. Video / 10News
A cruise liner voyage that would lead to a major Covid-19 outbreak was negligent in its duty of care to passengers, the Federal Court has found.
But a passenger who tried to claim damages for personal injuries and distress as a result of contracting the illness on board has been unsuccessful.
Susan Karpik, a passenger on the ill-fated Ruby Princess cruise that left 28 people dead from Covid-19 in the early days of the pandemic, was the lead plaintiff in a class action against Australian charter company Carnival.
Karpik sought damages for personal injuries, distress and disappointment to the value of more than AU$360,000 ($391,000).
Her individual claim revolved around the stress and disappointment caused by her husband Henry, who had to be placed in an induced four-week coma after contracting the virus, and his ongoing care.
In total, 663 cases were reported among the 2641 passengers, including 1679 Australians.
Hawke's Bay's first confirmed case of Covid-19 was announced on March 20, five days after the cruise ship Ruby Princess arrived.
The Ruby Princess sailed from Sydney for New Zealand on a 13-day round trip, but returned 11 days later when Australia’s borders were shut in the early days of the pandemic in March 2020.
Justice Angus Stewart found the cruise company knew, or ought to have known, about the heightened risk of Covid-19 infection on the vessel.
“To proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible disastrous consequences, yet they proceeded regardless,” he said on Wednesday.
However, Justice Stewart found Karpik did not suffer from long Covid so did not meet the non-economic loss threshold required to recover personal damages.
She was successful on a claim for out-of-pocket medical expenses totalling AU$4423 plus interest.
Justice Stewart found Karpik was entitled to disappointment damages to compensate for the fact that the cruise was not a “happy and relaxing holiday” as promised.
However, as Carnival had already refunded all passengers the cost of the cruise, the judge found the company had already satisfied this claim.
