Dick Smith drops court case

[welcome_stranger]

As reported by AsA PR people the following:

Court Case Dropped - Airservices Australia Continues With Planned National Airspace Changes

No. 27/04

National air traffic control agency, Airservices Australia, fully intends to meet the 25 November deadline to implement safety enhancements to the National Airspace System, the Corporation’s Chief Executive Officer, Bernie Smith said today.

Bernie Smith reiterated the Corporation’s position on NAS after lawyers acting for businessman Dick Smith, today confirmed he would discontinue proceedings against Airservices in the Federal Court in Sydney.

Dick Smith commenced legal action in September to overturn a decision of the Airservices Board to introduce changes to the current National Airspace System.

'Dick Smith applied for, and was given leave by the Federal Court today, to discontinue proceedings and his counsel indicated to the court he will do so early next week. A decision on costs is reserved and will be considered by the court at a later date,' Bernie Smith said.

The Airservices Board’s decision involves changes to only about 10 percent of the current NAS 2 (b) E class airspace, but introduces significant safety enhancements to air traffic control procedures around towered airports protecting airliners.

Bernie Smith said the education program on the changes for pilots and industry operators continues.

'Initial material was sent out in early September for all pilots and forums have already been held at airports around the country to assist instructors to educate pilots and students.

'We encourage all pilots wishing to use this airspace to familiarise themselves with the changes,' he said.

'Aeronautical Information Publications such as new radio frequency boundaries on charts are currently being distributed and pilot forums will begin nationally in early November with additional operational material to be sent to pilots by the end of October, 'Bernie Smith said.

Meanwhile, controller training on airspace changes continues with all training to be completed before 25 November 2004.






For further information contact: Richard Dudley
+61 2 6257 4479 0412 146 828

Date: 22 October 2004


Airservices Australia is a Government owned organisation responsible for the safe and efficient management of air traffic across 11 per cent of the world's air space. Services include air traffic control, airspace management, aeronautical information, radar communications, radio navigation aids, aviation maintenance and engineering, environmental management and aviation rescue and firefighting. Airservices website:
www.airservicesaustralia.com



The facts ma'am just the facts :D

[gaunty]

Well there you go, Mr Smith should be congratulated.

Howard announces new ministry, Anderson still DOTARS Minister I see.

Time for a fresh start now I think.

[Icarus2001]

I agree gaunty but how can you have a fresh start with the same old faces bringing their perennial baggage and entrenched positions.

This is F A R from over!

[ATCguy]

Once again, Dick has cut and run (with his tale between his legs) from the sh*t storm he has produced.
Obviously, he couldn't put together a coherent case that could concievably challenge a decision by ASA based on the safety of thousands of passengers and pilots alike.

I hope, but know better, that he has finally seen the error of his ways and will now accept that ASA knows better!



:O

[Uncommon Sense]

All this says to me is that Dick has made 'other arrangements' to get his way.

Prepare to see some high level political meddling with the ASA board very soon.

As said already: This is far from over.

Dick just doesn't need to waste his money in court, when John and John are going to do all the hard work for him.

[gaunty]

Nah the two Johns wouldn't be that cynical surely.....would they?:sad:

[Blue Sky Baron]

And of course Dick :8 will put out a press release and have all the media outside the Supreme Court as he removes the blindfold from his mate the blindfolded controller, and then explain to the public all the reasons why he has pulled out of this important case!
I think that will happen - not!

Dick has achieved his 60 seconds of fame over this and now he can just slither back into the shadows until his next stunt. :yuk:

Is there any hope for Australian Aviation? :{


BSB

[alidad]

Mr. Smith,
You have soooooo disappointed the legal professional; in particular a number of QC's (SC) who were warming up the ol' vocal cords on behalf of AirServices and 99% of the pilot's in this country.

A casual study of your erratic ramblings in the public domain would provide sufficient ammunition for a QC (would not have to be a very good one) to put you on the wittness stand, pluck, gut and hang you upside down on a butchers hook before you new what hit you.

As many of us have summised you are indeed stupid but not dumb enough to expose yourself to a public outing that would display your true worth for all to see.

[SM4 Pirate]

Perhaps it's that poor old dick didn't have the funds...

I guess wading through the paperwork obtained in the discovery process would have cost somewhere near $200K; that's before one substantive word in court...

What an unmitigated waste of money; probably the best part of $500K (both sides)...

I heard a whisper that ASA's legal opinion placed it in a very very strong position and the hope of Dick acheiving anything in court was extremely low; perhaps he also had that advice...

Now it appears that John will be announcing a new board next week... Will that be full of cronies?

[karrank]

Uncommon Sense is making uncommon sense...:uhoh:

I think it fairly obvious the lunatic directive the minister had Dick-tated to him will be thrown out shortly, but expect ruthless payback from J&J, no longer terrified of election fallout. Nothing that will achieve anything, or implement any changes any faster, just ruthless.

Watch your back Bernie:ouch:

[Kaptin M]

IMO it would be a fool who thinks that Dick has packed his toys up and conceded defeat.

The Libs are back in, Anderson is back, and Dick has an in there.
Rather than looking like it's ended, I feel there's a BIG battle ahead - Dick's ego wouldn't have it any other way!
He's been shown up for the ignoramus he is - now he's out for REVENGE, by bringing in the big guns.

Anyone want to put some money on it?

[Icarus2001]

There would be some lovely poetic justice if a "foot in the door" journalist decided to chase him for a response on this one. Why did you withdraw from the case Dick? Very quiet lately what are you hiding? When did you stop beating your wife? etc etc

[Chimbu chuckles]

A mate of mine sent several long emails to ACA with explantatory comment where needed and links to EVERY single thread pertaining to NAS and DS going back to mid 2003.

So far not a syllable in reply but you can't really say Ray and his employees are not now aware..well if their basic journalistic curiosity was aroused enough to print it all out and sit back with a bottle of red and spend an interesting evening reading.

I'm perfectly ready to believe DS will seek revenge...it will be an interesting time watching him self destruct completely...he's too much of a political liability....and pollies are not known for their patience with people who fall into the liability category.

He's finished...just the death thows left to watch.

Doesn't mean we let our gards down though!!!!

If he deems it necesary he has the whole lot saved to his hard drive ready to be sent to 4 Corners, 7.30 Report etc etc etc.

[Foyl]

One wonders what will AOPA be doing with the $ they were asking members for to establish a fighting fund to back DS' court case. Will they be giving it back to the donors?

[OZBUSDRIVER]

Foyl, it was only a pledge.It was not a donation!

[VVS Laxman]

From the "Border Mail" 23/10/04:

Mr Smith said yesterday he had abandoned the action because he believed the newly-elected Coalition Government would not allow the changes to proceed. Well, there you have it...

[gaunty]

VVSL old chap.:)

Well that's for the punters and his ego, but I suspect he is going to find a quite different atmosphere in Canberra now that they have an increased majority and the Nats have stablised their vote.

I suspect his mate li'l John has had him up to his neck and that big John will be if he hasn't already taking his aviation satrapy from him.

[Uncommon Sense]

source: http://www.dicksmithflyer.com.au/Content.php?ContentID=316

Flyer readers may be wondering why I have discontinued the action against Airservices Australia.

The reasons are simple. When I started the action we had a situation where the Labor Party clearly stated that it would roll back NAS if it were elected, and the Coalition stated that they would not do the roll back and they would continue introducing NAS.

At the time I had no idea who would be elected. Now that the Coalition is elected I have had discussions with relevant people and I am trusting the Government to keep its promise and ensure that the roll back does not take place.

I know it has been popular in the media to make out that our Prime Minister is a liar and is not to be trusted. I have never agreed with this. I have no doubt that the Government will honour its election promise.

I also point out that the legal action was costing a small fortune – not only for myself but also for Airservices (which would be fully paid for by our aviation industry).

The prudent approach is to let our Government get on and do what it said it would do.

So, Dick Smith is saying it wasn't really about safety, Airservices culture, and all those other things he spouted on about to whoever would listen outside of the courtroom during his pantomine - it was really about worrying that the ALP would be elected? And to hedge against this, whilst worried about wasting his (and our) money Dick didn't wait a few weeks until after the election before embarking on this exercise? I mean, the courts move really really fast in Australia dont they! It doesn't reconcile as either sound business acumen or dare I say it common sense, does it?

When Dick is says he has had 'discussions with relevant people' does that mean he has been persuaded, or perhaps he has persuaded others, that Airservices can not, should not, shall not continue with the implementation of their NAS changes as they see neccessary - that their autonomy is to be undermined by the Government.... Is this for, dare I suggest it, political reasons? What happened to sfatey being the priority?

And all this coming from a government that purports to promote the eventual competition within ATS provision? What company in their right mind would want to compete in such an environment where the goalposts are arbitrarily moved in such ways?

Dick, call me suspicious, but your posting on your website only serves to makes me more so.

I can not help but feel the fate of the AirServices board and executive was sealed on October 9 - frankly, for all the wrong reasons. Worse, I feel that the political meddling, and opportunistic media stunts have really only served to put Aviation safety even further back in progression.

[Icarus2001]

Well the education material is now on my desk for the enhancement of NAS on 25 November. So I guess this step is going ahead Dick?

[CaptainMidnight]

The minister may be heartily sick of a certain individual and his colleagues, who've caused him embarrassment both before the election and after (there was inference of his mismanagement of aviation matters in the ACA faireytale). I believe he is telling them anything to get them off his back.

Hint to AOPA: sever your alignment, and work with the organisations involved to achieve an acceptable outcome, not against them.

Ironically if there is an Airservices board spill, given the evidence (160kg of it was prepared for the court case I believe) the decision regarding option 3 would be the same.