WAIKANAE CRASH COMPENSATION CLAIM FOR £15,000

Grey River Argus, 5 October 1949, Page 7

WAIKANAE CRASH COMPENSATION CLAIM FOR £15,000

Regulation Limit of £5OOO is Contested

WELLINGTON, Oct. 4 Mrs Amelia Margaret Ethel Stephens, a widow, whose husband was a victim of the air crash at Waikanae on March 18, is claiming £15,000. Regulations passed in 1947 subsequent to the National Airways Act, 1945, were questioned in the Supreme Court to-day before the Chief Justice, Sir Humphrey O’Leary, when authority was sought for the reduction of the claim for £15,000 to the £5OOO maximum under the regulations.

The main claim did not open today, His Honour hearing a motion by the defendant corporation to set aside the writ of summons or, alternatively, to reduce the amount claimed from £15,000 to £5OOO. The claimant in the main case was represented by Mr C. A. L. Treadwell, with him Mr W. L. Ellingham. The defendant was the National Airways Corporation (Mr D. W. Virtue).

The motion of the defendant Air Corporation stated that the NewZealand National Airways Regulations, 1947, provided that no claim in excess of £5OOO could be lodged for loss of life in a corporation aircraft accident.

The writ for £15,000, it was submitted, was irregular and an abuse of the procedure of the Court. Mr Virtue drew attention to the regulations in his opening remarks and His Honour asked whether the plaintiff would attack the validity of the regulations. Mr Virtue: I believe so. His Honour: In that case it may not be determined by me. It may have to await the trial.

Mr Treadwell, in support of the argument that the regulations were invalid, cited the Carriers’ Act, 1948, which, he said, had been passed to prevent the carriers of goods and passengers from limiting their liability for damages. The corporation was such a carrier, and the Crown, which was in effect the corporation, was bound by the act, lie submitted. The only way to limit liability 'was by statute, he further submitted. Decision was' reserved.