Aircraft operations after lease termination require regulatory compliance and urgent necessity; non-revenue flights were restrained pending further hearing.

Where lease termination and deregistration proceedings have commenced, continued operation of the aircraft cannot be permitted unless the governing aircraft rules are satisfied and an urgent necessity is demonstrated. The Aircraft Act and Aircraft Rules require aircraft operation to conform to the applicable regulatory framework, and Rule 30(6)(iv) permits cancellation of registration where the relevant lease has expired or been terminated. On the facts described, the asserted maintenance basis did not justify non-revenue flights, and the aircraft were restrained from flying for the time being, with status quo maintained pending further hearing.

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Issues: Whether the respondents could be permitted to continue handling or non-revenue flights of the petitioners' aircraft after termination of the lease agreements and commencement of deregistration proceedings.

Analysis: The application arose from flights undertaken by the respondent in respect of aircraft whose leases had been terminated and for which deregistration had commenced. The Court noted that the Aircraft Act and the Aircraft Rules require operation of an aircraft to conform to the applicable rules, and that Rule 30(6)(iv) permits cancellation of registration where the relevant lease has expired or been terminated. The Court further found that the material relied upon to justify the flights did not establish any urgent necessity or imminent threat requiring immediate operation of the aircraft, and the asserted maintenance rationale was not sufficient to permit such flying at that stage.

Conclusion: The respondents were not permitted to continue the handling or non-revenue flights, and status quo was directed to be maintained in respect of those flights until the next date of hearing.

Final Conclusion: Interim protection was granted to preserve the aircraft position pending further adjudication, with flying of the subject aircraft restrained for the time being.

Ratio Decidendi: Where lease termination and the deregistration process have commenced, aircraft operations cannot be permitted absent a demonstrated urgent necessity and compliance with the governing aircraft rules.

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