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Old 25th May 2013, 08:12
  #8 (permalink)  
Join Date: Jul 2001
Location: Australia
Posts: 4,942
Am I missing something?

The answer is yes.
We now have quite a history of NSW Courts making sensible decisions in these and legally similar circumstances, and taking what I consider to be a "real world" view of what faces a pilot in command from time to time.
It is a great pity that CASA cannot take such a sensible view, but invariably operate from the position of 20:20 hindsight and the counsel of perfection. The NSW Supreme Court and the NSW Court of Appeal have produced some very interesting judgements ---- supporting a very common sense view of the interpretation of the legal rights and responsibilities of the pilot in command.
Mr.McKeown has been a very effective advocate in this field, being a highly experienced pilot himself.
Tootle pip!!
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