Where a plaintiff's right to recover damages depends exclusively on a statutory provision, the statement of claim must plead the material facts demonstrating entitlement under that statute; it is not sufficient to plead facts directed to common law causes of action (negligence, breach of contract) even if some of those facts overlap with the statutory requirements. The interstate nature of carriage must be pleaded to invoke Part IV of the Civil Aviation (Carriers' Liability) Act 1959 (Cth). The question whether leave to amend out of time may be granted was expressly left open.
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