Robert J. Allen

Insurers brought an application seeking direction on the disposition of insurance proceeds following the constructive total loss of a private aircraft.

Competing claims arose between parties asserting interests in the aircraft after a lessee allegedly registered the aircraft in his own name using false documentation and defaulted on lease obligations.

One respondent did not appear and consented to the proceeds being paid into court.

The court found significant uncontradicted evidence of arrears and fraudulent registration and ordered the proceeds paid directly to the aircraft owner, less costs, while releasing the insurers from further liability regarding the proceeds.

The moving parties sought leave to appeal to the Divisional Court from an order granting the plaintiff leave to amend a statement of claim to plead a specific act of negligence relating to an aircraft crash.

They argued that the amendment introduced a new cause of action that was statute‑barred.

The court held that the original pleading invoking res ipsa loquitur already raised an inference of negligence and that specifying engine failure due to fuel starvation or exhaustion did not constitute a new cause of action.

Applying Rule 62.02(4) of the Rules of Civil Procedure, the court found no conflicting authority warranting appellate review and no reason to doubt the correctness of the order.

Leave to appeal was therefore refused.