KUALA LUMPUR: Malaysia Airlines System's owner is among four parties seeking to strike out a suit by two teen brothers and three others over missing flight MH370.
This was revealed after case management of the suit before High Court judicial commissioner Datuk Mohd Zaki Abdul Wahab in his chambers this morning.
The striking-out application - by the national carrier's owner Malaysia Airlines Bhd (MAB), the Civil Aviation Department director-general, the Air Force chief, and the government - was filed on Dec 23.
According to court papers, MAB contended that it is not liable over loss arising from MH370 going missing on March 8 last year, because the company was only incorporated eight months after the incident.
MAB - which is the second defendant in the suit - was incorporated on Nov 7 last year as part of restructuring exercise that saw the national carrier passed hands from its original owner Malaysia Airlines System Bhd to MAB.
The Civil Aviation Department director-general, the Air Force chief, and the government - who are the third, fourth and fifth defendants -sought for the suit to be struck out as they claimed that their alleged liability over the incident is indeterminate.
Sangeet Kaur Deo - who acted for first named plaintiffs Tan Wei Hong, 15, and Tan Wei Jie, 13, who are the teen siblings - said that Zaki set Jan 28 for case management to allow parties to file affidavits.
Federal Counsel Shaiful Nizam Shahrin appeared for the government. On Aug 28, Wei Hong, Wei Jie, and the other three plaintiffs filed the suit to seek general, aggravated and exemplary damages, and for bereavement over the missing flight incident.
Wei Hong and Wei Jie are the sons of Tan Ah Meng, 46, and Chuang Hsiu Ling, 45, who were passengers aboard Beijing-bound MH370 that departed from Kuala Lumpur International Airport (KLIA) on March 8 last year.
Tan Wei Chew, 19, who was the eldest brother of Wei Hong and Wei Jie, was also a passenger on the flight.
The other three plaintiffs are Ah Meng’s parents, Tan Hun Khong and Lai Chew Lai, as well as Hsiu Ling's mother Chuang Hung Chien.