MAS ordered to provide documents on MH370 to family of victims

PUTRAJAYA: Malaysian Airline System Berhad (MAS) has to provide documents pertaining to the disappearance of MH370 airplane, the Court of Appeal said in a civil suit.

The documents were sought by 76 family members of the 32 passengers of MH370, which disappeared on March 8,2014.

The Court of Appeal dismissed MAS's appeal against a High Court's decision, which allowed an application for "general discovery of document" filed by the family members, today.

The panel of judges led by Datuk Tengku Maimun Tuan Mat, who sat together with Datuk Abdul Rahman Sebli and Puan Seri Zaleha Yusof, maintained the High Court decision delivered on Sept 8, 2016.

In an unanimous decision, Tengku Maimun said there was no compelling or substantive reason to disturb the High Court's decision and the order is discretionary, in nature.

She said there is no error in the exercise of the High Court judge's discretion and ordered RM10,000 cost to be paid by MAS.

The next of kin of the passengers, sought for 37 documents, including communications, correspondence and other materials such as notes, memoranda, internal documents, investigators reports, involving MH370 flight.

Apart from MAS and Malaysian Airlines Berhad (MAB), the family members, including Chinese nationals had filed the suit, naming Director General of Department of Civil Aviation (DCA), Royal Malaysian Air Force (RMAF) and the government as the defendants.

In the suit, the family members claimed negligence, breach of contract, breach of statutory duty and others.

They sought for special damages, general damages, exemplary, cost, bereavement and other costs. Apart from 66 China nationals, eight Indian nationals and two American nationals are part of the plaintiffs in the suit, which was filed on March 2016.

MH370 which departed from Kuala Lumpur and was scheduled to arrive in Beijing.

Lawyer Tommy Thomas and N.Ganesan Nethi represented the family members while lawyer Saranjit Singh represented MAS while Senior Federal Counsel Andi Razalijaya A.Dadi appeared for the government.