EFFORT TO REDUCE WIDOW’S CLAIM AFTER WAIKANAE AIR CRASH

Wanganui Chronicle, 5 October 1949, Page 6

EFFORT TO REDUCE WIDOW’S CLAIM AFTER WAIKANAE AIR CRASH

WELLINGTON, Yesterday (PA).— Regulations passed in 1947 subsequent to the National Airways Act, 1945, were questioned in the Supreme Court today before the Chief Justice, Sir Humphrey O'Leary, when authority was sought for the reduction of a claim for £15,000 to the £5OOO maximum'under the regulations. The claimant in the main case was Mrs. Amelia Margaret Ethel Stephens, a widow, whose husband was a victim of the air crash at Waikanae on April 18. She 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 main claim did not open today, His Honour hearing a motion bv tire defendants corporation to set aside the write of summons, or. alternatively to reduce the amount claimed from £15,000 to £5OOO. The motion stated that the New Zealand National Airvjays 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, sir. His Honour: In that case it may not be determined by me; it may have to await the trial.

Mr. Treadwell, in support of his argument that the regulations were invalid, cited the Carriers’ Act, 1948, which he said had been passed to prevent 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, he submitted .The only way to limit liability was by Statute, he further submitted.