Binger on MH370 this arvo - 
Probably the first of many in the upcoming fortnight, courtesy the Oz:
Probably the first of many in the upcoming fortnight, courtesy the Oz:
Quote:MH370 passenger’s widow sues Malaysia AirlinesMTF...P2
February 24, 2016 5:14PM
- Mitchell Bingemann
- The Australian
A Victorian widow of a man who disappeared on missing Malaysia Airlines Flight MH370 has filed a claim in the Victorian Supreme Court against the airline alleging it was responsible for the death of her husband.
Shine Lawyers filed the writ on February 19 on behalf of Yen Li Chong and the sons of the missing man Chong Ling Tan who was a business class passenger on MH370 when it disappeared somewhere over the Indian Ocean on March 8, 2014.
In the writ, Shine lawyers allege Malaysia Airlines was negligent in its failure to ensure the safe passage of those on the flight and to monitor and track the aircraft at all times.
Families of the 239 passengers aboard the missing Boeing 777 have until March 8 - the two-year anniversary of MH370’s disappearance - to bring compensation claims against Malaysia Airlines.
The claim follows a recent admission by Australian Transport Safety Bureau chief commissioner Martin Dolan – which continues to lead the search for the missing aircraft - that a “rogue pilot” theory previously rejected may need to be re-evaluated in the months ahead.
The writ submitted by Shine addresses the possibility of a rogue pilot being responsible for the disappearance of MH370 saying: “The defendant is vicariously liable for the actions of the defendant’s crew, servants and agents on the flight who tortiously failed to ensure the aircraft safely reached its destination and/or who deliberately altered the course of the aircraft resulting in its loss at sea.”
The Boeing 777 disappeared on a scheduled flight from Kuala Lumpur to Beijing after radio communication was cut, the aircraft’s radar transponder was turned off, and it flew a course back over the border between Malaysian and Thai airspace.
The writ says Malaysia Airlines was also negligent in failing to ensure crew followed all proper procedures and did not commit any wrongful acts for which the defendant would be vicariously liable.
Compensation claims against the airline must be completed within two years of the date of the disappearance of the aircraft.
If settlements are not reached with Malaysia Airlines by March 8, claims will need to be filed on behalf of victims’ families to protect their rights to pursue compensation.
The disappearance of MH370 falls under the Montreal Convention, which governs many air disaster claims and imposes strict liability on air carriers for injury and death caused by accidents.
The convention prohibits punitive or exemplary damages, and the calculation of damages in any particular case proceeds under the law of the country where a family has chosen to bring their claim.
Air carriers cannot defend claims assessed to be under $190,000 but can fight higher claims if they can prove they weren’t the cause of the accident, or that the accident was caused solely by some other party.
The disappearance of MH370, however, has made it impossible for the airline or authorities to determine the cause of the aircraft’s demise.
The search for MH370 is being carried out by the Dutch Fugro survey group using three vessels: the Fugro Discovery, the Fugro Equator and Havila Harmony. A Chinese vessel has also recently joined the search.
Australia, Malaysia and China have committed to searching 120,000sq km for the missing aircraft.
More than 85,000sq km of the sea floor have been searched so far. It is anticipated that the search of the agreed area will be completed around the middle of the year. Should no credible new information that leads to finding the aircraft be uncovered, the governments have agreed to not expand the search area.