[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 Lumpur on 8 March 2014. The said flight, however, did not arrive at its destination and all passengers on board were presumed dead.

(b) The 3rd defendant is a government agency established under the purview of the Ministry of Transport of Malaysia with the authority to regulate and oversee all the technical operational aspects of the civil aviat