For the sake of completeness (not an opinion) here is the direct words from the transcript by Justice Giudice last week found at paras 327-328 Page 40:
"These are appeals against a decision given by Kaufman SDP on 23 May 2007 in relation to an application by the Australian and International Pilots Association to amend its eligibility rule. I have concluded on the basis of the submissions today that there is a sufficiently arguable case that leave would be granted to appeal and that the appeal would succeed.
The issue described generally as an irreconcilable conflict of interest between the pilot groups referred to in much of the evidence looms large in the decision. It is arguable the decision is erroneous in relation to the manner in which the evidence and submissions on that question were dealt with. The issue also has significance from the perspective of the employers involved and the public because of the possibility of demarcation disputes which may not have been properly taken into account. There may be other grounds upon which it might be concluded that there is a sufficiently arguable case that leave would be granted and that the appeal would succeed, but it is not necessary that I go beyond the one I have identified."
Please note my emphasis in the first para.
Lawrie Cox
Manager - Industrial Relations
PS - Keg it is not my case it is an APIA application and that has been the problem from the start. How do you sit down with someone who has proceedings on foot. We thought long and hard about it including the night we sat down with AIPA leaders a couple of days before the hearing started but were told the COM would not support an adjournment to enable those talks to continue.