KUALA LUMPUR, March 30 — The High Court here today allowed an application by the Government of Malaysia and two others to strike out a suit by the next-of-kin of three passengers who were on board Malaysia Airlines (MAS) Flight MH370, on the grounds that the three parties did not breach their duties and responsibilities.

Judge Datuk Mohd Zaki Abdul Wahab dismissed their suit against the Government of Malaysia, the Director-General of the Malaysian Civil Aviation Department (DCA) and the Chief of the Royal Malaysian Air Force (RMAF) who were among five parties named defendants, in his chambers.

Senior Federal Counsel Alice Loke, who represented the three defendants, told the media that the court however rejected an application to strike out their suit against Malaysia Airlines Berhad (MAB).

“The judge held that it is not so plain and obvious that MAB is a proper party to be sued. It should be determined during a full trial,” she said.

However, another defendant, Malaysia Airlines System Berhad (MAS), did not file an application to strike out the suit.

On Aug 28, 2015, the family as the plaintiffs had filed the suit against the five defendants to seek damages over the missing of MH370 passengers Tan Ah Meng, 46, and his wife Chuang Hsiu Ling@Cindy Chuang, 45, who are directors of a construction and engineering company, and their eldest son Tan Wei Chew, 19.

The suit was filed by the couple’s children, Tan Wei Hong, 16, and Tan Wei Jie, 14, the parents of Ah Meng, Tan Hun Khong, 85, and Lai Chew Lai, 83, and the mother of Hsiu Ling, Chuang Hung Chien, 76.

Counsel Sangeet Kaur Deo, who represented the plaintiffs, told the media that they would appeal the decision.

She said the court had set May 4 to hear the plaintiffs’ discovery application from MAB and MAS.

In their statement of claim, the plaintiffs held that MAS had breached its contract when it failed to ensure the airliner was in a good condition which resulted in the passengers and jetliner becoming untraceable.

They further claimed that due to the negligence of the defendants, the two children suddenly became orphaned and also lost their eldest brother and this had caused them to suffer trauma and loss including financial support and affection.

The plaintiffs also claimed that when contact with the airliner was lost, the DCA failed to take the appropriate action to regain contact or launch a search operation and that its disappearance could have been prevented if the RMAF had monitored its radars real time and taken all needed action when the incident happened.

As such, they demanded that the defendants make a public apology to the plaintiffs and pay general damages, damages for loss of financial support, aggravated and exemplary damages, costs, interests and other relief deemed fit by the court.

On Jan 29, DCA Director-General Datuk Azharuddin Abdul Rahman in representing the Government of Malaysia announced that the missing of MH370 was being declared as an accident under international aviation laws and that all 239 passengers and crew on board were deemed dead.

The Boeing 777-200ER jetliner went missing while on a flight from the KL International Airport on March 8, 2014. Its missing is one of the greatest mysteries of aviation history. — Bernama