Great to see the Huey flying again.
Well, the court ruling did make the Cape Times, but is it just my imagination, or does the report still have an anti-Huey slant?
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Waterfront fails to get interdict against helicopter firm, club
February 25, 2004
By Fatima Schroeder
The Cape High Court has dismissed an application by the V&A Waterfront to prevent a Huey helicopter from operating from its premises pending the lifting of a grounding order by the Civil Aviation Authority (CAA).
The owners and manager of the Waterfront lodged the application against Helicopter and Marine Services, the owners, and the Huey Extreme Club, which leases the helicopter.
The CAA grounded the helicopter in December because it was not satisfied with its airworthiness.
But on December 18 the Cape High Court ruled that the club was entitled to operate the helicopter unless the CAA validly grounded it.
A second grounding order was issued on January 7, and is at the centre of the present court application.
The Waterfront's stance was that the grounding order was valid and should be obeyed until it was set aside or lifted.
They also felt that, according to the provisions of the lease between themselves and Helicopter and Marine Services, they were entitled to insist that the grounding order be complied with.
However, the club and Helicopter and Marine Services held the view that the grounding order was invalid and that the helicopter was safe and airworthy.
In a judgment delivered yesterday, Justice Jock Comrie referred to clause 6.8 of the lease agreement, saying it seemed "clear enough" that the club and Helicopter and Marine Services required a certificate in order to operate the helicopter.
He said it was also not disputed that the CAA had the power to ground any aircraft.
Judge Comrie said that allowing the helicopter to operate was a "clear breach" of clause 6.8.
He also found that the Waterfront had a clear right to insist that the grounding order be complied with.
A second requirement for granting a final interdict was whether it was reasonable to believe that injury would follow.
The Waterfront was of the view that the Huey may have an accident or cause damage to property at the Waterfront as well as injury to those aboard and even death.
In such an event, the Waterfront feared that it would be exposed to claims for damages which its insurance and the indemnities of Helicopter and Marine Services and the Huey Extreme Club would not be able to cover.
Judge Comrie said that "a reasonable man looking at all the facts" would, in his opinion, conclude that the chances of the helicopter having an accident due to its not being airworthy were remote.
"If the reasonable man be a man of the world, he would be likely to perceive that the CAA was licking its wounds, and in search of another mode of attack on its quarry," he said.
He said the reasonable man would view the CAA's demands and conduct after the December order "with a healthy dose of scepticism".
Judge Comrie said it followed that the application for an interdict must fail and dismissed the application with costs.