Mohd. Azmi SCJ:

The appellant's claim is for damages for personal injuries and consequential loss suffered by him and caused by the negligence and/or breach of duty on the part of the respondents (Malaysian Airlines System Berhad - "MAS"), their servants or agents. He also claims interests on general damages at the rate of 8% per annum from date of service of the writ of summons to date of judgment, and on special damages at the rate of 4% per annum from date of accident to date of judgment or payment, and costs.

The appellant, an Australian national, was at all material times employed by MAS as a pilot in the East Malaysia Rural Air Services operating in Sabah and Sarawak. In addition to the Rural Air Services using twin and single engine aircrafts, it is a well-known fact that MAS operate both international and domestic airline passenger and cargo services using modern planes including 737B and 747 jumbo jets for overseas destinations.

It is not in dispute that on 6 July 1982 the appellant, aged 42 years was the pilot of a Norman Islander (BN2) aircraft flying from Long Somado to Lawas in the Fifth Division of Miri, Sarawak, when the said aircraft developed engine troubl