Originally Posted by
Lead Balloon
CASA will claim qualified privilege, as will the neighbour (if the neighbour becomes a party).
The disclosure to the employer was justified - so it will be argued - on the grounds of “safety”.
For that to be the case the neighbour and CASA will have to be qualified to make those assertions and the assertions have to be proven to be true. How you prove in court that someone is at risk of driving an aeroplane into the ground with 500 POB is going to be interesting.
The other problem for the neighbour is if it comes out that there is some other underlying issue between them. ie someone built a house and block my view of Sydney Harbour etc etc This will especially become an issue if the neighbour is the only person they can find to testify that they witnessed the alleged behaviour.