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Malaysia Airlines struck out from lawsuit by MH370 families

Free Malaysia Today logo Free Malaysia Today 30/10/2018 Ho Kit Yen
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KUALA LUMPUR: The High Court today excluded Malaysia Airlines Bhd (MAB) from a lawsuit filed by 76 family members of foreign passengers on board flight MH370 which went missing in 2014.

Judge Azizul Azmi Adnan allowed the airliner’s bid to annul the lawsuit, which was the biggest civil claim against the national carrier.

“I have determined that they (MAB) are not parties in the suit,” he said.

The court also ordered the family members to pay MAB RM7,000 in costs and set the next case management on Nov 7.

MAB’s lawyer Sanjeev Kumar said they previously argued for the families’ claim to be struck out on grounds that the airliner was not the right party to be sued.

“MAB was not incorporated at the time of the incident on March 8, 2014,” he told reporters after proceedings.

Related: Watch: Could this plane shape spotted in rural Cambodia using Google Earth be missing MH370?

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MAB took over Malaysian Airline System Bhd (MAS) in July 2015 as part of the airline’s RM6 billion restructuring programme by sovereign fund Khazanah Nasional.

The family members, consisting of Chinese, Indian and US nationals, filed the lawsuit in 2016 for alleged negligence and breach of duty by a statutory body.

They also named MAS, the director-general of the then-Department of Civil Aviation (DCA), the Royal Malaysian Air Force (RMAF) and the government in their suit.

They claimed the DCA, RMAF and government had conspired with MAS to conduct the investigation in a “grossly negligent manner” to delay the search, causing the death of all passengers and crew members on board the flight.

They also accused MAS and the government of acting fraudulently and in a dishonest manner by hiding information about the plane’s disappearance from the public as well as from the families of passengers and crew.

They sought damages for losses suffered after the disappearance of their loved ones.

The family members were represented by lawyers Sitpah Selvaratnam and N Ganesan.

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The mystery of MH370

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