PUTRAJAYA: Malaysia Airlines Berhad (MAB) and the Royal Malaysian Air Force (RMAF) chief cannot be held liable for the Beijing bound flight MH370 that went missing three years ago.
This follows the decision of the five-man Federal Court bench led by Chief Justice Md Raus Sharif to dismiss the appeal by five dependents to include MAB and RMAF as parties to their suit.
“After deliberating the points raised by the parties, we are of the conclusion to affirm the finding of the Court of Appeal,” Raus said.
However, the bench allowed the next of kin of three deceased to restore the Department of Civil Aviation director-general (DCA) as party to the negligence claim.
Following today’s ruling, it would have an impact on 11 other cases pending in the High Court who have included MAB and RMAF as parties to their suits.
FMT understands that 18 suits have been settled out of court.
Tan Ah Meng, 46, and his wife, Chuang Hsiu Ling @ Cindy Chuang, 45 and the couple’s eldest son, Tan Wei Chew, 19, were among 239 passengers and crew on board flight MH370 when the aircraft disappeared during a flight from Kuala Lumpur to Beijing on March 8, 2014.
The couple’s children Wei Hong, Wei Jie, Tan’s elderly parents, Tan Hun Khong and Lai Chew Lai and Chuang’s father, Hung Chien had filed the suit.
They named Malaysian Airline System Bhd (MAS) its successor Malaysian Airlines Bhd (MAB), the DCA director-general, RMAF chief and the government as defendants.
MAB, DCA and RMAF had applied to strike out the suit against them in the High Court.
On Oct 7 last year, the Court of Appeal removed MAB as a defendant in the lawsuit.
Another bench on Oct 27 also allowed the appeal by the DCA to be removed as party while maintaining the High Court order that the RMAF chief be excluded as a defendant.