Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J) [2021] FCA 1082 – 10 September 2021

Conflict of laws – Representative proceedings – Cruise ship affected by outbreak of Covid-19 – Proceedings brought on behalf of US and UK passengers – Cruise ship operators applying for stay of proceedings in reliance on exclusive jurisdiction and class action waiver clauses in terms and conditions – Whether clauses incorporated into passage contracts – Whether Australia clearly inappropriate forum – Whether stay should be granted

On 8 March 2020 the cruise ship Ruby Princess departed from Sydney with over 2,600 passengers. During the voyage there was an outbreak of Covid-19. After visiting a number of ports in New Zealand, the cruise was cut short and the ship returned to Sydney, arriving on 19 March 2020. A substantial number of passengers contracted the disease and some died.