TAN WEI HONG & ORS vs MALAYSIA AIRLINES BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 2584

FEDERAL COURT PUTRAJAYA
TAN WEI HONG & ORS – Appellant
Versus
MALAYSIA AIRLINES BERHAD – Respondent

Petitioner Advocates:Sangeet Kaur Deo,Ngeow Chow Ying,Tan Chee Kian ,Respondent Advocate: Logan Sabapathy,Sanjeev Kumar,Carmelia Cheong,Najihah Farhana Che Awang

Table of Content
1. overview of claim against defendants regarding duty of care on flight mh370. (Para 4 , 5 , 6 , 7)
2. established legal considerations for striking out claims as unsustainable. (Para 18 , 19 , 20)
3. evaluation of statutory versus common law duties and causal links. (Para 32 , 34 , 52 , 54)
4. assessment of military duty and its implications for civilian aircraft safety. (Para 36 , 41)
5. final verdict dismissing claims, reaffirming earlier court's rulings. (Para 72)

Ramly Ali FCJ:

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

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2018 MarsdenLR 2584

FEDERAL COURT PUTRAJAYATAN WEI HONG & ORS – AppellantVersusMALAYSIA AIRLINES BERHAD – Respondent

FEDERAL COURT PUTRAJAYA
TAN WEI HONG & ORS – Appellant
Versus
MALAYSIA AIRLINES BERHAD – Respondent