[Peetwo]

Binger on MH370 this arvo -

Probably the first of many in the upcoming fortnight, courtesy the Oz:

MH370 passenger’s widow sues Malaysia Airlines

• Mitchell Bingemann
  
• The Australian
  

February 24, 2016 5:14PM
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.

Update 25 Feb 2016:

MH370: Wife sues for truth behind lost plane

• Mitchell Bingemann
  
• The Australian
  
• February 25, 2016 12:00AM
  

The Victorian widow of a man who disappeared with missing Malaysia Airlines Flight MH370 has filed a damages claim against the airline, alleging it was responsible for his death.



The writ was filed with the Victorian Supreme Court last Friday by Shine Lawyers on behalf of Jennife­r Chong, 48, and her sons Justin and Javier, who lost their ­father, Chong Ling Tan, on the ill-fated flight on March 8, 2014.

Chong was 48 and the chief executive of a Malaysian mining company he had founded when he boarded the flight to Beijing as a business-class passenger.

It disappeared over the Indian­ Ocean.

The claim comes a year after Ms Chong’s Melbourne home was burgled of treasured possessions — including a luxury watch collection belonging to her husband, his jade collection and the couple’s wedding rings.

Ms Chong, with others who created the support group Voice370 for victims of the missing flight, has tirelessly lobbied ­Malaysian authorities and the airline for answers.

But despite millions of dollars spent on searching for the flight, the hunt continues with no clues as to its whereabouts.

“Half of me is gone and the other half is just struggling to survive,” Ms Chong said last year.

“I know that if it were me on the plane, he will do the same, he will never give up on me.

“I want to know the truth. More than anything. And I will not stop till I find my husband.”

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.

It addresses the possibility of a rogue pilot being responsible for the plane’s disappearance, 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 writ says Malaysia Airlines was also negligent in failing to ensur­e crew followed all proper procedures and did not commit wrongful acts for which the defend­ant would be vicariously ­liable.

Shine Lawyers solicitor ­Thomas Janson said the claim was filed to protect Ms Chong and her sons’ rights against Malaysia Airlines, and to help them recover compensation in the wake of the loss of their husband and father.

Families of the 239 passengers aboard the missing Boeing 777 have until March 8 to bring compensation claims against Malaysia Airlines.

The claim follows a recent ­admission by Martin Dolan, the chief commissioner of the Australian Transport Safety Bureau, 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 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 search for the plane is being carried out by the Dutch Fugro survey group using three vessels. A Chinese vessel has also recently joined the search.

Australia, Malaysia and China have committed to searching an area of 120,000sq km.

MTF...P2