PPRuNe Threads and CAIR used as evidence by CASA in suspension decisions
Hiball. You overlooked the CASA double whammy.
The AAT will ultimately make a final decision which will be independent of any decision in any other Court. He could, for example, be acquitted in court but the AAT could still uphold CASA's administrative decision.
The AAT will ultimately make a final decision which will be independent of any decision in any other Court. He could, for example, be acquitted in court but the AAT could still uphold CASA's administrative decision.
Thread Starter
Another interesting AAT decision has hit the streets
Remember the guy who took off in a floatplane, from a trailer towed by a car down a JT runway? CASA cancelled his CPL, PPL and RPL.
Although the AAT found that he had broken some rules, the AAT went on to find:
The tribunal has restored his licences.
See: http://www.austlii.edu.au/au/cases/c.../2003/573.html
Although the AAT found that he had broken some rules, the AAT went on to find:
Each of those contraventions was … merely a trivial, technical contravention and, taken individually or collectively, warranted no more than counselling action by CASA. In these circumstances cancellation of the applicant's pilot licence, thereby jeopardising his aviation business and livelihood, can only be regarded as grossly excessive and unreasonable and, therefore, highly inappropriate.
See: http://www.austlii.edu.au/au/cases/c.../2003/573.html
Creamie. A very interesting finding by the AAT - particularly regarding the names of Tribunal Deputy President and Member and regarding the name of one of the witnesses for the Applicant, a past CASA employee. Indeed, I wonder whether that witness may have been crucial in the AAT's findings?
Whilst there appeared to be significant justification in favour of CASA's administrative action, it's interesting to see the AAT is showing independence rather than being led by the nose by CASA and CASA's lawyers!
I wonder if CASA would have been better advised to proceed to appropriate Court action, rather than trying to again be judge, jury and executioner?
Whilst there appeared to be significant justification in favour of CASA's administrative action, it's interesting to see the AAT is showing independence rather than being led by the nose by CASA and CASA's lawyers!
I wonder if CASA would have been better advised to proceed to appropriate Court action, rather than trying to again be judge, jury and executioner?
Last edited by Torres; 16th Jul 2003 at 14:13.
