Gottlob v Tiger Airways Pty Ltd [2011] SASC 36

Judgment of Anderson J in Gottlob v Tiger Airways Pty Ltd


An appeal against a Magistrates Court judgment finding that Tiger Airways be fined only $5,000 of a possible maximum $110,000 in respect of breaching the Adelaide Airport Curfew Act following the granting of two dispensations to leave past the allotted curfew time.

Anderson J increased the penalty, considering that the offending by the aircraft, through its pilot, was not at the lower end of the scale. The pilot was aware that it did not have dispensation to fly out of Adelaide past the allotted curfew time, but nevertheless did so.

Anderson J noted that this was the first prosecution for this offence in South Australia since the legislation was enacted in 2000. General deterrence is nevertheless important.

The offending warranted a fine of more than about 5% of the maximum. Whilst not at the higher end of the scale of seriousness but a fine of $5,000 does not reflect the seriousness of the breach.

The appropriate fine for offending of this nature was $25,000, but given the early guilty plea by Tiger Airways, this was reduced to $21,250. It is likely that this judgment and result will act as a deterrant to other airlines.

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Reference Info:Decision | Australia

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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