The Judges were all qualified helicopter pilots I assume?
I tried to read the entire Court Decision but found the Judges logic and interpretation of the facts tortured at the least.
I agree that the Operator and the Client both have duty of care issues....but so does the pilot.
As to what degree one offsets the other....is for the Judges to decide.
If you are not on an approved Instrument Approach, with an IFR Clearance, in a properly equipped and certified IFR Aircraft,and current and proficient for IFR flight and you enter cloud/fog to the extent you lose sight of the surface....and crash....you own it!
PNG is not uniquely (using the real definition of unique) prone to such weather conditions....they exist in other parts of the World as well.
PNG has some very tough weather and terrain for sure...but then so do other parts of the World.
This "theory" of "instant" fog....really causes me some heart burn.
What I read suggests to me there was some serious CYA going on by some of the witnesses and experts who testified.
The issue of IIMC by helicopter pilots in PNG and all that line of testimony needs some very close reading by those of us in the Peanut Gallery.
Then we need to compare that to reality.
But....the Court has ruled....who am I to challenge those Learned Counsels.