Originally Posted by
The name is Porter
I ask you, and it will be asked legally, if the removal of this aircraft from Bacchus Marsh was legitimate, why was the ADSB disabled? And how is this going to be justified to the regulator?
IANAL, but...
Perhaps it was moved by road, in which case the avionics wouldn't be powered-up. Perhaps it was merely pushed to another place on the airfield where it remains, either in a different hangar or even under a tarp. If you want to prove to a court that it was flown illegally then you will need to prove that it was flown - this will need be to a criminal standard of proof ("beyond reasonable doubt") and not just the civil "balance of probabilities" standard, remember. You are merely asserting that it was illegally flown based on conjecture. No regulator would pass that to criminal procedings, so forget it.
As to the rest - this is just a dispute between joint owners of an asset. If you want to bankrupt yourself then by all means take it to court, but you'd be better off just trying to resolve your differences outside the legal system. If you can no longer talk to eachother in a grown-up manner without fisticuffs then try an arbitrator - it will be much cheaper. If you go into a court WITHOUT having exhausted the alternatives then a judge may simply decide that you are vexatious and punish you for it (by way of awarding costs to the other party).
Seriously - grow up and talk to your partner. Don't fight your battles here because it just makes you look childish.
€0.00003 supplied,
PDR