Shine Lawyers has commenced a class action on behalf of all passengers affected by the outbreak of COVID-19 on board the Ruby Princess, which docked in Sydney on Thursday 19 March, 2020.
What is the Ruby Princess Coronavirus Class Action about?
Shine Lawyers has filed a class action against the owner and operator of the Ruby Princess.
It is alleged that the outbreak of Coronavirus on the Ruby Princess, which docked in Sydney on Thursday 19 March 2020, resulted from a failure to take appropriate measures to ensure that passengers were safe and protected from contracting the virus on the ship.
We allege this failure constitutes breaches of the cruise owner and operator’s duty of care to its passengers, and of the consumer guarantees and other provisions of Australian Consumer Law.
On Sunday 8 March 2020, the Ruby Princess cruise ship departed Circular Quay.
After an 11-day round trip to New Zealand, the ship docked in Sydney on Thursday 19 March. Ruby Princess passengers were permitted to disembark at Sydney’s Circular Quay and return to their homes.
Since leaving the ship, over 700 passengers have been diagnosed with COVID-19.
Passengers on the Ruby Princess consisted of Australian residents, as well as US citizens and citizens of a number of other countries.
Overseas Group Member Application
On Friday 10 September 2021, Carnival and Princess’ application seeking to prevent overseas group members from participating in the class action was dismissed. In short, the Court found that the Federal Court of Australia is not a ‘clearly inappropriate forum’, meaning that it is able to hear the claims brought by overseas passengers. Specifically to those passengers bound by the US terms and conditions, the Court held that the exclusive jurisdiction clause should not be enforced as it would result in the fracturing of litigation, meaning that it was possible that the same issues would be heard by multiple courts. The Court also found that the class action waiver clause in the US terms and conditions is unfair and for that reason could not be enforced by Carnival.
On 14 and 15 February 2022, the Full Court of the Federal Court heard Carnival and Princess’ appeal against the primary judge’s decision to dismiss the application to prevent overseas group members from participating in this class action.
Judgment is now reserved. Unfortunately, at this time, we cannot provide an indication of when the judgment will be delivered. Due to the importance and complexity of the issues, it is more than likely that this may take several months.
The class action has been listed for trial on 10 October 2022 for four weeks.
Can I join the Ruby Princess Coronavirus Class Action?
You are able to sign up to the class action if:
- You were one of the passengers on the Ruby Princess that departed Circular Quay on 8 March 2020 (regardless of whether or not you contracted the coronavirus).
- You are an executor, administrator or personal representative of the estate of a passenger who contracted coronavirus on the cruise and subsequently passed away.
- You are a family member or loved one of an ill or deceased passenger and you have suffered a psychiatric injury as a result of your loved one contracting the virus on the cruise.
If you answered yes to any of the above, you may be entitled to compensation, and you are encouraged to register for the Ruby Princess Class Action. If you are unsure whether you can participate in the class action, please contact us so that we can provide you with further assistance regarding your legal rights.
How to register for the Ruby Princess Coronavirus Class Action
To register for the Ruby Princess Coronavirus Class Action on a confidential, no-cost, no-obligation basis, please click the ‘Register for the Class Action now’ button below and fill out the registration form.