Six Australians currently in quarantine in Perth after being evacuated from a cruise ship hit by a hantavirus outbreak may seek compensation under Australian consumer law, but legal experts warn significant obstacles exist. The group, including four Australians, one permanent resident, and one New Zealander, arrived in Perth on a repatriation flight from the Netherlands and will spend three weeks at the Bullsbrook Centre for National Resilience, about 40 kilometres north-east of Perth.
The passengers had tested negative for hantavirus before the flight and were asymptomatic but will undergo further health screening. They were aboard the MV Hondius, a Dutch-flagged vessel operated by Oceanwide Expeditions (OE), which runs cruises to Antarctica and the Arctic. Several passengers contracted the rodent-borne hantavirus, and three have died.
Dr Sagi Peari, an Associate Professor of private and commercial law at the University of Western Australia, believes the Australian passengers could submit a claim in Australia despite the cruise company's terms and conditions stating that Dutch law applies. He cited High Court case law that Australian consumer law can still apply and that Australian courts may have jurisdiction. 'Australian consumer law, so-called consumer guarantees, which guarantee a reasonable, safe service. In this case it could be argued that there's no reasonable service,' Dr Peari said.
However, Vicky Antzoulatos, a partner at Chambers Russell Lawyers who represented plaintiffs in the Ruby Princess class action, warned that legal recourse may be limited. 'It's possible if they purchased their tickets in Australia they may have a claim under the Australian consumer law. But without a doubt the cruise company would argue that the proper laws to be applied to such a claim are not Australian law, they're the laws of the Netherlands or a different jurisdiction where the wrong actually occurred,' she said. Oceanwide Expeditions has been contacted for comment.
