Court of Appeal Wellington
2, 18 November 1998
Richardson P, Gault, Thomas, Keith and Tipping JJ
2, 18 November 1998
Richardson P, Gault, Thomas, Keith and Tipping JJ
Practice and procedure — Striking out proceedings — Claim for compensatory damages by passengers killed or injured in plane crash — Whether claim barred by Accident Compensation Acts — Whether appropriate case for striking out — Carriage by Air Act 1967.
Accident compensation — Cover — Contract to pay damages for personal injury — Whether proceeding based on contract barred by Accident Rehabilitation and Compensation Insurance Act 1992 — Accident Rehabilitation and Compensation Insurance Act 1992, s 14(1) and (3)(b).
Statutes — Interpretation — Repeals — 1967 Act referring to bar to claim in 1972 and 1982 Acts — 1982 Act repealed by 1992 Act but 1967 Act not amended to refer to 1992 Act — Whether provision in 1967 Act remaining in force — Whether 1992 Act passed in substitution for 1982 Act — Acts Interpretation Act 1924, ss 18, 20 and 21.
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