A major cruise ship company has hit back at claims it should warn Aussie passengers of the risk of catching stomach bugs before they board their trips.
Julie McLean-Phillips is representing a swathe of passengers who got sick on eight cruise ships in 2016 and 2017 in a class action filed to the Federal Court against Carnival, trading as P&O Cruises.
She is seeking a full refund for her $1,600 and 13-night cruise which left Fremantle in Western Australia in December 2016, as well as damages for inconvenience, distress and disappointment.
Ms McLean-Phillips claims she was forced to isolate in unhygienic conditions while experiencing violent diarrhoea and vomiting caused by the highly contagious norovirus.
According to documents filed to the Federal Court, Ms Mclea-Phillips expected a “relaxing and pleasurable cruise” but instead, she and her sister Vivienne Trudgeon became seriously sick with the stomach virus within days of departure.
On December 6, Ms McLean-Phillips allegedly she grew concerned when she saw ambulances waiting at the first port of call in Albany — and eight days later her sister fell ill with uncontrollable diarrhoea which soiled the bed, the carpeting and her clothes.
She claims she was not provided alternative accommodation or help to care for her sister. On December 17, she also became sick, with most sisters spending most of the night on the toilet with repeated bouts of vomit and diarrhoea.
The court documents claim she and her sister were not provided with assistance they asked for them upon departure.
Ms McLean-Phillips alleged Carnival is liable for damages because it did not announce the risks of norovirus or how to prevent transmission before the ships embarked.
Her suit alleges the company breached Australian Consumer Law by providing a service that was not fit for purpose, and that she and other passengers would not have bought tickets had they known about the likely risks and impact of a norovirus outbreak.
But in its submissions tendered to court, Carnival claimed that the chance of a norovirus outbreak is “merely an ordinary risk inherent in activities where people congregate and there is no prospect the court would find that any required warning would include detailing aspects of the norovirus”.
Referencing Carnival’s submissions, Federal Court Justice Ian Jackman said they claimed it was “not tenable” that Ms McLean-Phillips and others would not have gone ahead with their voyages if they were given these warnings because that assumes “no one who goes on a cruise is aware of the risks allegedly presented by norovirus”.
Justice Jackson said the issue would be a matter of evidence at the upcoming trial.
In April, Justice Jackman ordered the be struck out as Ms McLean-Phillips failed to reference any actual deficient service provide by Carnival.
An amended statement of claim was filed in May, followed by another one last week, which focussed on the argument group members should have been informed of the risk of norovirus.
Shine Lawyers, who is acting for Ms McLean-Phillips, previously claimed thousands of passengers were impacted by back-to-back outbreaks of norovirus on eight Sun Princess journeys between December 2016 and February 2017.
A case management hearing is being heard in the Federal Court today.