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Light rail class action can’t claim funder’s commission as damages
Class Actions 2024-02-22 10:36 am By Cindy Cameronne

A judge has declined a novel bid by the lead applicant in a class action over disruptions stemming from the construction of Sydney’s $3 billion light rail to claim a funder’s 40 per cent commission as damages, rather than as a deduction from group members’ payout.

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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings. 

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Ruby Princess class action rejected $15M settlement offer, court told
Class Actions 2024-02-05 4:11 pm By Cindy Cameronne

Cruise ship operator Carnival PLC has flagged a bid for indemnity costs after the lead applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess rejected a $15 million settlement offer.

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Ruby Princess class action heads to Full Court after plaintiff wins no damages
Appeals 2024-01-08 10:06 pm By Cat Fredenburgh

The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.

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Sydney light rail class action judge fears ‘opening a can of worms’ in siloing funder’s 40% cut
Class Actions 2023-12-13 9:05 pm By Cindy Cameronne

The lead plaintiff in a class action over Sydney’s light rail construction, who is seeking a $3 million judgment, has brought a novel bid for the NSW government to pay a funder’s 40 per cent commission as damages, rather than as a deduction from the amount owed to group members.

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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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Carnival points finger at passengers in norovirus class action
Class Actions 2023-10-30 11:34 pm By Sam Matthews

Carnival has pointed the finger at passengers in response to a class action over norovirus outbreaks on its Sun Princess cruise ship, a defence that recently flopped in a separate class action over a COVID-19 outbreak aboard Ruby Princess.

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NT government wins strike-out bid in racial discrimination class action
Class Actions 2023-10-27 10:34 pm By Cindy Cameronne

A class action against the Northern Territory government has been sent back to the drawing board, with a judge striking out allegations that its funding of Aboriginal interpreting services discriminated against people in a remote Indigenous community.

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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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Norovirus class action faces ‘lurking’ stay issue
Class Actions 2023-08-25 11:55 am By Sam Matthews

After surviving multiple strike-out bids, a class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is still facing a “lurking” issue about a potential stay in relation to the claims of a subset of group members.

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