Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs)

In the case of Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs), the Federal Court of Australia was tasked with determining the common questions and associated answers in a representative proceeding initiated by the plaintiff against the defendant. The dispute centred around the defendant's alleged failure to provide a cruise that met the advertised and booked itinerary, as well as claims of misleading or deceptive conduct. The representative proceeding involved passengers who had booked and embarked on the Ruby Princess cruise.

The court was required to decide on several legal issues, including whether the answers to the common questions were contingent on the individual circumstances of the passengers. Specifically, the court had to determine if the purpose and desired result impliedly communicated by the passengers depended on individual circumstances, and if the representations made by the service provider through conduct were also dependent on individual circumstances. Additionally, the court needed to assess the reasonableness of the plaintiff's rejection of a Calderbank offer in the context of the representative proceeding, and reserve costs.

The court held that certain common questions and their corresponding answers were applicable to all group members, with exceptions for those who had opted out of the proceeding. The court concluded that some of the questions, such as those relating to the purpose and desired result of the cruise, could be answered without reference to individual circumstances. However, the court found that the answers to other questions, particularly those involving the conduct of the service provider, did depend on individual circumstances. Regarding the Calderbank offer, the court determined that it was not in a position to assess the reasonableness of the plaintiff's rejection of the offer after the initial trial, and thus reserved costs.

The court issued orders setting out the common questions and answers, binding them on all group members except those who had opted out. It also reserved costs and vacated certain previous orders. The parties were required to attend mediation and the matter was listed for further case management.