Lloyd's Maritime Law Newsletter
Karpik v Carnival plc (The “Ruby Princess”) – Federal Ct of Australia (Stewart J)  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.