World's Worst,
You said:
Dick - try them on that and you are ABSOLUTELY sure to win - and they are scared sh**less that someone will twig. There is NO legal authority for the priority system in MATS. NONE!
MATS has nothing whatever to do with the original action.
The legal relationship between pilots and controllers under CAR 100 (4) is that "the pilot in command of an aircraft is responsible for compliance with air traffic control clearances and air traffic control instructions".
The liability of ATC is determined in accordance with the principles of common law in particular, negligence and the standard is measured by what a reasonable person of ordinary prudence would do in the circumstances.
Negligence comprises three elements:
1. the existence of a duty of care owed to the plaintiff by the defendant;
2. a breach of that duty; and
3. damages to the person resulting from the breach, provided that there is some 'relation' or 'proximity' between the parties.
A plaintiff
will fail in the action unless
damage of a kind recognised by law is proved and it
must be caused by the act or omission complained of.
The duty of care owed by controllers is "to take reasonable care to give all such instructions and advice as may be necessary to promote the safety of aircraft within their area of responsibility" (Shawcross and Beaumont, 1977).
This duty of care arises because the ‘proximity’ of controllers and pilots is determined by the degree of reliance existing in the relationship. That is, pilots are reliant upon the acts, advice or information provided by controllers, however the pilot is still legally responsible for the safety of the aircraft
and its passengers. The controller is legally responsible for the safety of the air traffic control instructions." (Hopkin 1995:28)
Airservices Australia is vicariously liable for any negligent act or omission on the part of a controller because legislation prohibits an employee being joined as a co-defendant or from being sued by a plaintiff.
The duties and responsibilities of an air traffic controller are detailed in the Manual of Air Traffic Services.
Now, get back in your box!
A