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2021 MarsdenLR 1328

HIGH COURT MALAYA KUALA LUMPUR
VIJAY KUMAR NATARAJAN & ANOR – Appellant
Versus
MALAYSIA AIRLINES BERHAD (ENCL 8) – Respondent


Petitioner Advocates:Vijay Kumar Natarajan ,Respondent Advocate: Yasmin Natasha,Jagjit Kaur

JUDGEMENT

Quay Chew Soon JC:

Introduction

[1] The Defendant ("D") is the national carrier of Malaysia and operates our national airline. The 1st Plaintiff ("P1") and 2nd Plaintiff (collectively "Plaintiffs") are purchasers of airline tickets issued by D.

[2] D filed an application vide encl 8 ("Encl 8") to strike out the Plaintiffs ("P") Writ of Summons and Statement of Claim ("SOC"). Encl 8 was made under O 18 r 19(1)(b), (c) and (d) ("O 18 r 19") of the Rules of 2012 ("ROC"). I allowed Encl 8. These are the grounds of my decision.

Background

[3] On 19 August 2019, Plaintiffs purchased flight tickets ("Flight Tickets") for a total price of RM2,812 ("Ticket Price") from D's website for a journey from Kuala Lumpur to Manila return ("Flight"). The Flight was scheduled for departure on 26 March 2020 ("Initial Date"), but was cancelled due to the implementation of the Movement Control Order ("MCO") on 18 March 2020. The MCO was put in place by the Government as a containment measure against the Covid-19 coronavirus outbreak ("Covid-19 pandemic") which affected not just Malaysia but countries worldwide.

[4] D offered Plaintiffs an option to reschedule the Flight and Plaintiffs agreed to resch


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