MH370: Court rejects application to postpone proceedings


KUALA LUMPUR: The High Court today dismissed the application by 32 heirs of 44 passengers of the Malaysia Airlines flight MH370 to postpone the proceedings at the High Court here while waiting for the conclusion of their suits filed at the US court.

Judicial Commissioner Azizul Azmi Adnan rejected the application by the heirs, comprising 42 Chinese and two US nationals, on grounds that there was no special condition to allow the applications by all the plaintiffs.

He said if the application was allowed, it would be prejudicial to the fourth up to the seventh defendants because they were not named as defendants in the suit filed by the plaintiffs at the US court.

The fourth to seventh defendants were the director-general of the Department of Civil Aviation (DCA) Azharuddin Abdul Rahman, DCA, the Royal Malaysian Air Force (RMAF) and the Malaysian Government.

The plaintiffs filed the application to postpone the proceedings of the suit last April.

The court ordered all plaintiffs to pay costs of RM9,000 to all the defendants, except for Allianz Global Corporate and Speciality.

Counsel Saranjit Singh, appeared for Malaysia Airlines (MAS), K Sanjeev represented Malaysia Airlines Berhad (MAB), Senior Federal Counsel Alice Loke acted on behalf of Azharuddin, DCA, RMAF and the Malaysian Government while lawyer T Balanair represented all the plaintiffs.

On March 4 2016, all the heirs to the 44 passengers had filed a suit for negligence and a breach of contract against the defendants, namely MAS, MAB, Allianz Global Corporate and Speciality, Azharuddin, DCA, RMAF and the Malaysian Government.

The Kuala Lumpur-Beijing MH370 flight carrying 239 passengers and crew was declared missing after disappearing from the radar screen on March 8, 2014.

The flight path was believed to have ended in the Southern Indian Ocean.