Am I missing something?
DWB50,
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!!