Excluded Ruby Princess guests take Covid cruise legal fight to High Court
A group of cruise guests on the infamous Ruby Princess Covid-affected cruise in 2020 have taken their legal fight to the High Court.
They were excluded from joining a class cation lawsuit as they booked under US conditions of carriage.
That excludes class actions.
The March 2020 cruise saw over 600 infected with Covid and 28 died.
The class action was heard in Sydney last year.
Although mot part of the class action, the group can still separately sue for damages.
Their lawyers told the High Court the waiver is not enforceable under Australian consumer law.
By doing business in Australia, the cruise line accepts it is governed by Australian laws and voiding class action status is unfair, lawyer Justin Gleeson argued.
The action claims Princess Cruises and owner Carnival Corp failed to ensure reasonable duty of care to passengers during the Covid cruise.
“It is perfectly acceptable to Princess to allow a class action claim from 1,700 [Australian] passengers,” he said.
“What did Princess do to prove a legitimate interest to accept they could exclude 700 other people from that action? They did nothing.”
“The contract is being forced by one party onto another.”
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Editor for TravelMole North America and Asia pacific regions. Ray is a highly experienced (15+ years) skilled journalist and editor predominantly in travel, hospitality and lifestyle working with a huge number of major market-leading brands. He has also cover in-depth news, interviews and features in general business, finance, tech and geopolitical issues for a select few major news outlets and publishers.
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