Let's not forget folks that this happened in R564 (previously R532) The balls are there for no other reason than that someone in defence obviously requested them in relation to the military airstrip at Singleton Army Base & possibly more the point that the military fly choppers & other birds low around the base. R564A is Restricted NOTAM SFC-4000 D2100-1300. I'm not a helo pilot but I always thought that when things went pear shaped you could just land the thing.
The plaintiff relied on the following:
The plaintiff pleaded numerous alleged breaches of duty of care in paragraphs [14] and [15] of its
amended statement of claim, which was filed on 7 November 2011. In my view, these allegations can be conveniently condensed into the following formulation, without detracting from their substantive importance, as allegations of breach of duty of care:
Flying in restricted airspace in contravention of Civil Aviation Regulation 140;
Flying below a safe altitude and at a height lower than 500 feet above the highest point of terrain within a radius of 300 metres at a point on the terrain vertically below the aircraft in contravention of Civil Aviation Regulation 157;
Flying when failing to keep a proper lookout so as to observe and avoid powerlines;
Failure to obtain maps or guidance materials providing an awareness of obstacles, including powerlines, in the restricted airspace.
End of the day the courts have made a ruling - c'est la vie