High Court Wellington
4 October; 14 October 1949
Sir Humphrey O'Leary CJ
4 October; 14 October 1949
Sir Humphrey O'Leary CJ
Deaths by Accidents Compensation — Death of Passenger in Aircraft Disaster — Claim by Defendant against National Airways Corporation — Claim limited to £5,000 by Regulation — Regulation validly made — Discretion to make Regulations properly exercised — Reasonableness not Reviewable — New Zealand National Airways Act, 1945, ss 17, 34 — New Zealand National Airways Regulations, 1947 (Serial No 1947/18), Reg 3 (2) (3).
Practice — Pleadings — Statement of Claim — Amount claimed in Excess of Statutory Limitation — Order to amend by Reduction of Claim to Statutory Maximum — Time for filing Statement of Defence consequentially extended.
Carriers — Liability — National Airways Corporation — Carrier of Passengers by Air — Limitation of Liability by Regulations — Unaffected by Carriers Act, 1948 — Carriers Act, 1948, s 8.
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