Introduction

[1] There were three related appeals before us, heard together, namely:

(a) Civil Appeal No: 1(f)-14-05-2017(W) - where the appellants were the plaintiffs at the High Court (collectively referred to as "the plaintiffs"); and the respondent was Panglima Tentera Udara Diraja Malaysia (referred to as "the 4th defendant");

(b) Civil Appeal No: 01(f)-15-05-2017(W) - where the appellants were Ketua Pengarah Jabatan Penerbangan Awam Malaysia (referred to as "the 3rd defendant"); and the Government of Malaysia (referred to as "the 5th defendant"); and

(c) Civil Appeal No: 02-29-03-2017(W) - where the appellants were the plaintiffs and the respondent was Malaysia Airlines Bhd (referred to as "the 2nd defendant").

[2] In appeals (a) and (c) above, the appellants were appealing against the decisions of the Court of Appeal dismissing their appeals in relation to a striking out application under O 18 r 19 of the Rules of 2012 (the ROC) filed by the 2nd defendant and the 4th defendant, which resulted in both the 2nd and 4th defendants being struck out as defendants in the writ action.

[3] In appeal (b), both the 3rd and 5th defendants were appealing against the decisions of