TAN WEI HONG & ORS vs MALAYSIA AIRLINES SYSTEM BERHAD & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1053

COURT OF APPEAL PUTRAJAYA
TAN WEI HONG & ORS – Appellant
Versus
MALAYSIA AIRLINES SYSTEM BERHAD & ORS – Respondent

Petitioner Advocates:Sangeet Kaur Deo,Tan Chee Kian,Ngeow Chow Ying ,Respondent Advocate: Alice Loke Yee Ching,Shaiful Nizam Shahrin

Table of Content
1. court addressed the necessity of a factual basis for claims. (Para 1)
2. court underscored the cautious approach required in striking out claims. (Para 2 , 6 , 7)
3. establishment of duty of care in aviation negligence. (Para 4)
4. plaintiffs' claims were evaluated against established legal standards of duty of care. (Para 5)

[1] This appeal is directed against the decision dated 30 May 2016, given by the High Court Kuala Lumpur, allowing the 3rd, 4th and 5th defendants application to strike out the plaintiffs claim against them.

[2] At the conclusion of the hearing of the appeal, we dismissed the plaintiffs appeal in respect of 4th defendant but allowed the appeal in respect of the 3rd and 5th defendants. We now give the detailed reasons for our decision.

[3] For convenience, in this judgment, we will refer to the appellants as the plaintiffs and the respondents as the defendants as they were in the Court below.

Brief Facts

[4] The brief facts which are necessary to dispose of this instant appeal may be stated as follows:

(a) The plaintiffs are suing as dependents of the deceased persons who were passengers on board flight MH370 which was bound for Beijing from Kuala Lum

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2017 MarsdenLR 1053

COURT OF APPEAL PUTRAJAYATAN WEI HONG & ORS – AppellantVersusMALAYSIA AIRLINES SYSTEM BERHAD & ORS – Respondent

COURT OF APPEAL PUTRAJAYA
TAN WEI HONG & ORS – Appellant
Versus
MALAYSIA AIRLINES SYSTEM BERHAD & ORS – Respondent