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2018 MarsdenLR 2786

HIGH COURT MALAYA KUALA LUMPUR
WANG BAO AN & ORS – Appellant
Versus
MALAYSIAN AIRLINE SYSTEM BERHAD & OTHER CASES – Respondent


Petitioner Advocates:Leong Yeen San,Aria Tan,Nicole Lee ,Respondent Advocate: Saranjit Singh,Dhiya Damia Shukri

[1] These are grounds of judgment in respect of O 14A applications in connection with 13 cases relating to the disappearance of flight MH370. The particulars of the cases to which this judgment applies are set out in the appendix.

[2] The court directed Malaysian Airline System Berhad, a common defendant in all cases, to file applications under O 14A of the Rules of 2012 for the determination of two questions of law. In broad terms, the first question was whether the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (the "Montreal Convention") and the Convention for the Unification of Certain Rules relating to International Carriage by Air 1929 (the "Warsaw Convention") provide exclusive causes of action against a carrier and, as a consequence, oust all common law causes of action. The second was whether the cap on liability for a dependency claim imposed by s 7 of the Civil Law Act 1956 applies in respect of a claim made under the Montreal Convention.

[3] These cases arise out of the disappearance on 8 March 2014 of a Boeing 777 bearing the registration number 9M-MRO and flight code MH370. At the material time, MH370 was operated by Malaysian A

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