FEDERAL COURT OF AUSTRALIA

MNC Text
 ORDERS

NSD 1033 of 2021

BETWEEN: CARNIVAL PLC ARBN 107 998 443

First Appellant

PRINCESS CRUISE LINES LIMITED (A COMPANY

REGISTERED IN BERMUDA)
Second Appellant

AND: SUSAN KARPIK

Respondent

ORDER MADE BY: ALLSOP CJ, RARES AND DERRINGTON JJ

DATE OF ORDER: 2 SEPTEMBER 2022

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. Order 1 of the orders of the Federal Court of Australia made on 20 September 2021 in
this matter be set aside and, in lieu thereof, it is ordered that:
(a) It is declared that the passage contract as between Mr Patrick Ho and the
respondents pursuant to which Mr Ho undertook a voyage on the vessel, Ruby
Princess, departing Sydney on 8 March 2020, was subject to the terms of the
US Terms and Conditions as that expression is used in the reasons for
judgment of this Court.
(b) The proceedings in respect of the claims of Mr Patrick Ho as against the
respondents be stayed.
(c) The matter be remitted to the primary judge for determination of the extent to
which the reasons for decision of this Court affect the claims of other
members of the class action.
3. Order 7 of the orders of the Federal Court of Australia made on 21 October 2021 in
this matter be set aside and, in lieu thereof, it is ordered that the applicant pay the
respondents costs of the application.
4. The respondent pay the appellants’ costs of the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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