Kang Hwee Gee J:

The plaintiffs were passengers of Malaysian Air System Flight MH 181 from Madras to Kuala Lumpur on 1 June 1995. They had checked in with their baggage at Madras airport at about 9pm on that day and had an excess baggage of 20 kilogrammes. They paid the excess baggage payment of Rs. 4080 (RM325) imposed by the defendant.

Upon landing at Subang International Airport, Kuala Lumpur, the plaintiffs were stopped by an officer of the airline who insisted that their baggage be re-weighed. They were at the time proceeding to customs with their baggage on trolleys. They were directed to a baggage counter where the defendant's employees went through another process of re-weighing their baggage. Their baggage was found to be 60 kilogrammes in excess instead of only 20 kilogrammes as determined at Madras Airport. They insisted that the plaintiffs pay an additional RM618 failing which their baggage would not be released to them.

They protested but to no avail. The ordeal lasted some two hours from 5.40am to 7.40am when in the end the plaintiffs managed somehow to settle the sums with the defendant.

The plaintiffs sought by this originating summons, a declaration that t