PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 10th Aug 2019, 00:16
  #183 (permalink)  
Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
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Originally Posted by Sunfish
I’m afraid I don’t understand what Glen B actually DID to get his business closed down. Clearly he must have done something highly illegal. What was it?

Mr Buckley appears to me to have committed two crimes so far:

First, he presumed that CASA would have a ‘whole of agency’ view as to the compliance of his business structure with the aviation law. It was naive not to realise that everyone in CASA has an opinion and those opinions can be diametrically different, with potentially devastating commercial and other consequences. (You will recall that CASA’s FOIs were split 50/50 on the question whether the rules required the PIC of VH-NGA to divert. In that case the CEO of CASA stepped in to assert the differences of opinion were irrelevant and that his opinion was the ‘whole of agency’ opinion. It was politically expedient - sorry, in the interests of the safety of air safety - for that to happen in the case of the PIC of VH-NGA, but not in Mr Buckley’s.)

Secondly, Mr Buckley gave the ICC an excuse not to deal with the substance of his complaint. It was naive not to force the ICC to deal with the question whether Mr Buckley’s current activities are or are not lawful. (It may be that the ICC does not have ‘jurisdiction’ to answer that question, in which case it was naive to complain to the ICC in the first place. The fact that the ICC suggested that he could have made a comparative judgment of the lawfulness of the position that CASA’s Popular Front of Judea encouraged Mr Buckley to rely upon, versus those of CASA’s People’s Popular Front of Judea that Mr Buckley is not complying with the law, suggest to me that the ICC considers the ICC to have ‘jurisdiction’ to make absolute judgments of lawfulness - how else could the comparative judgment be made? But - alas - according to the ICC it was “impossible” for the ICC to make the comparative judgment because Mr Buckley didn’t allow it.)




Last edited by Lead Balloon; 10th Aug 2019 at 01:36.
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