Mariana Haji Yahya JCA:

A. INTRODUCTION

[1] The late Mastura binti Mustafa (the "Deceased") was one of the crew members of the ill-fated flight MH17, operated by Malaysia Airlines System Berhad ("Malaysia Airlines"), which crashed near Hrabove in Donetsk Oblast, Ukraine on 17 July 2014.

[2] Flight MH17 was a scheduled passenger flight from Amsterdam Schipol International Airport, Netherlands to Kuala Lumpur International Airport. The aircraft was shot down by a surface to air missile when it was flying over Eastern Ukraine. All the passengers and crew on board the flight perished in the crash.

[3] At the time of her death, the Deceased left the following legal heirs:

(i) Mohamed Affendi bin Khairuddin ("the defendant") - her husband;

(ii) Muhammad Muhriz bin Marzaidi ("the Child") - her only child from her marriage to her ex-husband, Marzaidi bin Mohammad ("the 1st plaintiff"); and

(iii) Mustafa bin Ab Samad ("Mustafa") - her father.

[4] The Deceased was the defendant's second wife. They were married in Songkhla, Thailand on 25 June 2013, approximately one year prior to her death. Their marriage was registered on 10 March 2014 under the Akta Undang-Undang Keluarga Islam Wilayah-Wi