The Ruby Princess did not implement “obvious” health precautions like mask-wearing or social distancing on its ill-fated cruise in March 2020 despite hundreds of people testing positive for COVID-19 on other cruises, a barrister has told the Federal Court.

Susan Karpik and her husband Henry were among 2600 passengers who boarded the cruise on March 8 when it departed Sydney for a voyage to New Zealand. The trip was cut short when Australia announced pandemic restrictions, with the vessel arriving back in Sydney on March 19.

The Ruby Princess pictured on arrival in Circular Quay on March 19, 2020. Credit:Kate Geraghty

Henry Karpik began to feel unwell on the ship and was admitted to intensive care at Wollongong Hospital on March 21 with COVID-19. He was intubated, ventilated and placed in a medically induced coma.

Doctors initially estimated that Karpik had one to three days to live, while his wife of 50 years was unable to visit him because she was required to isolate. He ultimately survived after being in a coma for about four weeks.

Susan Karpik is the lead applicant in a class action against cruise operator Carnival PLC and Princess Cruises, in a case which argues the operator breached a duty of care owed to the cruise passengers and breached Australian consumer law.

In an opening statement on Wednesday, her barrister Ian Pike, SC, said the Ruby Princess left Sydney as other international cruise ships battled COVID outbreaks, including the Diamond Princess which had 700 passengers test positive.

Pike referred to emails which showed a doctor on the Ruby Princess had unsuccessfully tried to acquire an adequate supply of masks for those on board, but was told it would be several weeks until the stock arrived.

“In circumstances where they knew they could not implement the obvious precautions because of inadequate supplies and the like, this boat never should have sailed – it was negligent to do so,” Pike said.

He said the cruise operator emailed all passengers on March 5 and offered a full credit if they wished to cancel any cruise from March 9 onwards. He said it is “inexplicable” this offer was not extended to the Ruby Princess voyage on March 8.

The barrister said there was “no social distancing, nothing” on the Ruby Princess, and it was soon “swamped” with a “rapidly rising” number of suspected influenza cases.

Pike referred to an email sent by the president of Carnival Australia on March 11, which said the company was “way behind” other cruise operators when it came to checking guests’ temperatures as they boarded the ship.

“We need to get on with this as quickly as possible,” the president wrote. “We are way behind – have been talking about it for four weeks now.”

David McLure, SC, appearing for Carnival Australia, told the court that cruise ships do not pose a unique risk of respiratory diseases. He presented videos and plans of the Ruby Princess which showed a number of open spaces and outdoor areas.

McLure said a real question in the case will be whether a person who enters a venue can rely on the owner to protect them from a contagious respiratory disease such as COVID.

He said expert evidence will demonstrate that even if the Ruby Princess enacted all of the suggested precautions, it would not have been possible to eliminate COVID from the cruise ship environment, or any environment.

The Special Commission of Inquiry into the Ruby Princess found that 663 Australian passengers contracted COVID-19, with 20 deaths associated with the voyage.

The trial continues.

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