Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57

Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57

Costs after 5 October 2022 should be reserved because the Court could not yet determine whether the total combined value of group members' claims would exceed the respondents' $15 million Calderbank offer, and that ultimate quantum may be highly relevant to costs consequences irrespective of whether rejection was unreasonable. Questions 6 and 8 were common questions because the pleaded and admitted implied purpose and result arose from general circumstances applicable to all passengers. Question 12 was common only for representations (a), (b) and (d), because those arose from conduct common to all passengers; representation (c) could not be treated as common because it depended in part on...

Jurisdiction
Australia
Judgment Date
07 February 2024
Procedural Posture
Representative Proceeding / Post Initial Trial Determination of Common Questions and Reserved Costs
Outcome
Common questions and answers were settled and made binding on group members other than those who opted out; costs of the initial trial from 5 October 2022 to 5 February 2024 were reserved; timetabling and mediation orders were made.
Legal Topics
['common Questions in Representative Proceedings' 'calderbank Offers' 'statutory Guarantees for Services' 'misleading or Deceptive Conduct' 'application of State Legislation in Federal Jurisdiction']
['representative Proceedings' 'australian Consumer Law' 'costs' 'negligence'] ['common Questions in Representative Proceedings' 'calderbank Offers' 'statutory Guarantees for Services' 'misleading or Deceptive Conduct' 'application of State Legislation in Federal Jurisdiction']

Case Brief

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Procedural Posture

Representative Proceeding / Post Initial Trial Determination of Common Questions and Reserved Costs

Legal Issues

  1. 1 ['Whether questions concerning the purpose and desired result impliedly made known by passengers under s 61 of the Australian Consumer Law were common questions binding on group members.' 'Whether representations made by the respondents to passengers, and whether they were misleading or deceptive under s 18 of the Australian Consumer Law, were common questions.' "Whether costs after the respondents' 5 October 2022 Calderbank offer should be ordered in favour of the applicant or reserved until the total combined value of group members' claims can be assessed."]

Ratio Decidendi

Costs after 5 October 2022 should be reserved because the Court could not yet determine whether the total combined value of group members' claims would exceed the respondents' $15 million Calderbank offer, and that ultimate quantum may be highly relevant to costs consequences irrespective of whether rejection was unreasonable. Questions 6 and 8 were common questions because the pleaded and admitted implied purpose and result arose from general circumstances applicable to all passengers. Question 12 was common only for representations (a), (b) and (d), because those arose from conduct common to all passengers; representation (c) could not be treated as common because it depended in part on...

Court Disposition

Common questions and answers were settled and made binding on group members other than those who opted out; costs of the initial trial from 5 October 2022 to 5 February 2024 were reserved; timetabling and mediation orders were made.

Orders

  • ["Pursuant to s 33Z of the Federal Court of Australia Act 1976 (Cth), the common questions and answers from the initial trial of the applicant's claim are set out in Annexure A." 'Pursuant to s 33ZB(a) of the Act, the Common Questions are binding on all group members as defined in the further amended statement of...