A Lake Macquarie woman suffering the effects of long COVID after contracting the virus on the deadly Ruby Princess voyage in 2020 says she is glad the cruise operator was found negligent in the Federal Court on Wednesday.
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Kim Hurley, who was part of a successful class action against cruise company Carnival, said she remained concerned that she would not be fully compensated for the effects of the cruise.
"My concerns are that economic loss and ongoing long COVID impacts are not going to be considered for all in the class action," she said immediately after Justice Angus Stewart handed down a damning judgment against Carnival.
"I have significant long COVID plus ongoing medical costs plus loss of income, so I am not clear if that will be reflected in the individual cases."
A COVID-19 outbreak on board the cruise ship resulted in 663 positive cases and claimed the lives of 28 people, including a man and a woman in their seventies from the Hunter.
Justice Stewart ruled Carnival and its subsidiary Princess Cruises had been negligent and breached their duty of care to customers by embarking on the voyage from Sydney to New Zealand in March 2020.
Justice Stewart said the cruise operators knew or ought to have known about the risks of a COVID-19 outbreak.
Ms Hurley said she was "glad that Princess have been found negligent as they definitely were from our experience at the time".
The 63-year-old has suffered from breathlessness and a lack of energy long after the cruise, affecting her ability to work.
The lead plaintiff in the class action, Susan Karpik, sought damages for personal injuries, distress and disappointment to the value of more than $360,000.
She received only a tiny fraction of this amount, but the successful action has opened the door to other plaintiffs, including Ms Hurley, receiving compensation payments from the cruise line.
Ms Karpik's claim revolved around the stress and disappointment caused by the illness of her husband, Henry, who had to be placed in an induced coma for four weeks after contracting the virus, and his ongoing care.
The Ruby Princess left 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.
Justice Stewart said the company owed Ms Karpik a duty to take reasonable care for her health and safety, including the risk of harm from the virus.
"To proceed with the cruise carried a significant risk of a coronavirus outbreak, with possible disastrous consequences, yet they proceeded regardless," he said.
"The respondents were therefore negligent and in breach of their duty of care."
Justice Stewart also found Carnival had misled passengers with claims it was "reasonably safe" to embark on the cruise despite the heightened risk of contracting COVID-19 on board.
Ms Karpik won a claim for out-of-pocket medical expenses totalling $4423 plus interest, but Justice Stewart found she did not suffer from long COVID and did not meet the non-economic loss threshold required to recover personal damages.
He found Ms Karpik was entitled to disappointment damages to compensate for the fact the cruise was not a "happy and relaxing holiday" as advertised, but he said Carnival had satisfied this claim by refunding all passengers the cost of the trip.
Ms Karpik said she was pleased with the court's finding and hoped it would bring some comfort for other passengers.
"For me and other passengers, we've been through the mill and back. It's been a long journey," she told reporters.
"I do hope [the company] will take the time to read the information we've given them about our experiences and take better care of their customers."
The former nurse said she was not disappointed by the court's decision on damages.
Shine Lawyers joint head of class actions Vicky Antzoulatos said the findings were "a long time coming" and a comprehensive victory for passengers.
"This is the first successful cruise ship class action in the world, so other companies will be paying attention to this case," she said.
Other passengers would still need to prove their individual damages, unless Carnival settled all the claims.
Ms Antzoulatos urged the company to resolve all compensation claims without further court action, given the outcome of the case.
Carnival Australia said it was considering the judgment in detail.
"The pandemic was a difficult time in Australia's history and we understand how heartbreaking it was for those affected," a spokesperson said.
with AAP
Michael Parris
Michael Parris reports on politics for the Newcastle Herald. He started at the Herald in 1994 after working in the ABC Newcastle newsroom. Michael spent much of his career as a sub-editor before moving into political reporting in 2017. He was a finalist in the Sports Australia national media awards for his stories about a male-only tennis club in Newcastle. He has covered NSW and federal elections, state and federal budgets and local politics. He has also written extensively about the COVID-19 pandemic with a special focus on data analysis and the effects of lockdowns on the Hunter community.
Michael Parris reports on politics for the Newcastle Herald. He started at the Herald in 1994 after working in the ABC Newcastle newsroom. Michael spent much of his career as a sub-editor before moving into political reporting in 2017. He was a finalist in the Sports Australia national media awards for his stories about a male-only tennis club in Newcastle. He has covered NSW and federal elections, state and federal budgets and local politics. He has also written extensively about the COVID-19 pandemic with a special focus on data analysis and the effects of lockdowns on the Hunter community.
