<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The operator of a cruise ship that embarked just as the </span><a href="https://www.9news.com.au/coronavirus" rel="" target="" title="COVID-19"><span>COVID-19</span></a><span> pandemic gripped the globe will remain liable to pay passengers impacted by the virus after a failed appeal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Carnival's Ruby Princess set off from </span><a href="https://www.9news.com.au/sydney" rel="" target="" title="Sydney"><span>Sydney</span></a><span> on a 13-day tour of </span><a href="https://www.9news.com.au/new-zealand" rel="" target="" title="New Zealand"><span>New Zealand</span></a><span> in March 2020 with 2671 passengers and 1146 crew on board.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The voyage was cut short after 11 days just as Australia shut its borders when COVID-19 ran rampant globally.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/jereth-kok-gp-ban-upheld-after-abortion-race-rants/c98730ed-36a5-457a-9cc7-bd62e5666c16"><strong><span>'Butchers': GP practice ban upheld after online abortion and race rants</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Twenty-eight people on the vessel died during the outbreak and 663 positive cases were reported amongst passengers.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A class action lawsuit headed by Shine Lawyers and lead applicant Susan Karpik </span><a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1280" rel="" target="" title="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1280"><span>found</span></a><span> that Carnival was misleading and negligent in October 2023.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The company knew or ought to have known about the heightened risk of COVID-19 infection on the vessel and owed a duty of care to Karpik to take reasonable care of her health and safety as a passenger, Federal Court Justice Angus Stewart said.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/negligence-ruling-upheld-for-ruby-princess-covid-cruise/b093656a-5d28-425c-b020-64f8be60e020" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/outback-wrangler-pleads-not-guilty-over-chopper-crash/1dfbdf59-4619-4e9e-9780-13d3f73d6cbc"><strong><span>Outback Wrangler pleads not guilty over chopper crash</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A panel of three judges unanimously </span><a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2025/2025fcafc0096" rel="" target="" title="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2025/2025fcafc0096"><span>dismissed an appeal</span></a><span> on Tuesday after Carnival challenged those findings.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The Ruby Princess cruise should have been cancelled, Justices Brigitte Markovic, Sarah Derrington and Darren Jackson wrote.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It was a foreseeable consequence of Mrs Karpik's boarding (the ship) that she would be exposed to the heightened risk of there being COVID-19 on board the Ruby Princess," they said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The court also tossed a separate appeal seeking to increase the damages awarded to her by Justice Stewart.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>While she was allowed $4423 plus interest for out-of-pocket medical expenses, the judge declined to award non-economic damages as she had not been diagnosed with long COVID.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>She had originally sought more than $360,000 in damages for injuries, distress and disappointment.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Carnival offered to settle the case for $15 million before a trial began in October 2022.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But the offer was rejected by the passengers, who asked for $69 million.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Carnival has been contacted for comment on the appeal's dismissal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Justice Stewart will determine the next steps in the case at a later date.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><a href="https://www.9news.com.au/national/how-to-follow-9news-digital/29855bb1-ad3d-4c38-bc25-3cb52af1216f" target="_blank"><strong><em><span>DOWNLOAD THE 9NEWS APP</span></em></strong></a><strong><em><span>: Stay across all the latest in breaking news, sport, politics and the weather via our news app and get notifications sent 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