WANG BAO' AN & ORS v. MALAYSIAN AIRLINE SYSTEM BHD & OTHER CASES  7 CLJ 371
HIGH COURT MALAYA, KUALA LUMPUR
AZIZUL AZMI ADNAN J
[CIVIL SUIT NO: 21NCVC-25-03-2017; 21NCVC-43-04-2016 (formerly registered as WA-22NCVC-146-03-2016); 21NCVC-26-03-2017; 21NCVC-20-03-2016; 21NCVC-15-02-2016; 21NCVC-51-08-2015; 21NCVC-22-03-2016; 21NCVC-23-03-2016; 21NCVC-33-03-2016; 21NCVC-34-03-2016; 21NCVC-27-03-2016; 21NCVC-28-03-2016; 21NCVC-30-03-2016]
21 MAY 2018
AVIATION LAW: Fatal accidents – Liability of carrier – Loss of aircraft out of international carriage by air of passengers – Whether Montreal Convention and Warsaw Convention provide exclusive causes of action against carrier – Whether all common law causes of action ousted – Whether cap on liability for dependency claim imposed by s. 7 of Civil Law Act 1956 applies in respect of claim under Montreal Convention
CIVIL LAW ACT: Dependency claim – Claim for damages – Disappearance of aircraft out of international carriage by air of passengers – Whether cap on liability for dependency claim imposed by s. 7 of Civil Law Act 1956 ('CLA') applies in respect of claim under Montreal Convention – Whether s. 5 of Carriage by Air Act 1974 displaces whole of s. 7 of CLA – Whether merely substitutes causes of action – Whether s. 7(3) of CLA governs recoverability and assessment of damages consequent upon any liability found under art. 17 of Montreal Convention
CIVIL PROCEDURE: Disposal on point of law – Issues – Whether Montreal Convention and Warsaw Convention provide exclusive causes of action against carrier and all common law causes of action ousted – Whether cap on liability for dependency claim imposed by s. 7 of Civil Law Act 1956 applies in respect of claim under Montreal Convention – Whether whole action would be disposed of by determination of question of law – Whether suffices if questions determine 'any claim or issue' in action – Rules of Court 2012, O. 14A
INTERNATIONAL LAW: Conventions – Binding effect within Malaysia – Loss of aircraft out of international carriage by air of passengers – Whether jurisdiction of either Warsaw Convention or Montreal Convention invoked – Whether pre-condition to art. 17(1) of Montreal Convention applies – Whether Montreal Convention and Warsaw Convention provide exclusive causes of action against carrier and all common law causes of action ousted – Whether cap on liability for dependency claim imposed by s. 7 of Civil Law Act 1956 applies in respect of claim under Montreal Convention
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