High Court sets March 30 to hear bid to strike out suit

  • Nation
  • Saturday, 05 Mar 2016

KUALA LUMPUR: A High Court has set March 30 to decide on applications by the Govern­ment and Malaysia Airlines Bhd (MAB) to strike out a breach of contract and negligence suit in relation to the disappearance of Flight MH370.

The civil suit was initiated by two teenage brothers who are among five plaintiffs suing Malaysia Airlines System Bhd, MAB, the Civil Aviation Department director-general, airforce chief and the Government.

Yesterday, High Court Judicial Commissio­ner Mohd Zaki Abdul Wahab fixed the date to deliver his decision after hearing submissions by the parties.

In their application, the Government and MAB said the suit did not disclose reasonable cause of action and was an abuse of the court process.

They said that the airforce chief and the Civil Aviation Department director-general supported the Government’s bid, saying they did not have a duty of care against the plaintiffs under the law and there was indeterminate liability on their part.

The plaintiffs’ lawyer Sangeet Kaur Deo said, however, that she had asked the judicial commissioner to reject their applications on grounds that the defendants had a duty of care for the passengers on board the flight.

“I say they have to be accountable and answer the case in a full trial,” she said.

In the suit, the plaintiffs are seeking a ­public apology, besides damages to be assessed for the loss of support as a result of the death of two passengers.

The brothers – Tan Wei Hong, 15, and Tan Wei Jie, 13 – are the sons of Tan Ah Meng, 46, and Chuang Hsiu Ling, 45, who were on board MH370. The couple’s eldest son, Tan Wei Chew, 19, was also on board the flight.

Meanwhile, Transport Minister Datuk Seri Liow Tiong Lai advised the families of the victims of Flight MH370 to file their claims for damages before March 8 as the right to do so would be “extinguished” after this date, citing an international treaty on compensation regarding air disasters.

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