Graham v Attorney-General and Another - [1966] NZLR 937

Aviation — Air services licence — Licence expired — Application made for renewal — Such application not in prescribed form — Not forwarded through Air Secretary — Whether statutory provisions mandatory or directory — Whether failure to comply with provisions depriving licensee of statutory limitation of liability — Air Services Licensing Act 1951, s. 27

Aviation — Carriage by air — Aircraft operated below height prescribed by regulations and by air service certificate — Whether fundamental breach of regulations and of certificate — Whether depriving operator of statutory limitation of liability

Aviation — Validity of regulations — Limitation of liability — Statutory authority for limitation of liability by regulations — Whether regulation limiting amount of claims within authority — Air Services Licensing Act 1951, s. 52 (2) (b) — Air Services Licensing Regulations 1952, Amendment No. 1 (S.R. 1952/142), Reg. 3 (Air Services Licensing Regulations 1952, Amendment No. 3 (S.R. 1954/137), Reg. 2)

Practice and procedure — Argument of question of law before trial — Answer to such question not conclusive as to whole action — Possibly assisting parties to reach settlement — Whether procedure suitable — Code of Civil Procedure, R. 154

Statutes — Interpretation — Whether statutory provision mandatory or directory — Principles to be applied in deciding — Extent to which directory provision to be complied with.