So at 39.99 degrees you are good to go, but not at 40.1? Makes sense really.
Of course. Same as if MTOW is 2800Kg. You are good to go at 2800kg but not at 2801kg.
Go in to a pub the night before your 18th birthday, fly a charter before your new licence is issued...
Blah blah blah. There is always a line somewhere.
Ask this CASA guru for WRITTEN confirmation of this OPINION.
and CASA believe that that was a contributing factor (and I'm sure they will try hard to do so)
Yes but it the ATSB who would determine that.