16 Dec 2020
1. ) DATO' VIJAY KUMAR NATARAJAN 2. ) DATIN CHUA LAY KIM MALAYSIA AIRLINES BERHAD
- Citation
- WA-22NCVC-410-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-410-07/2020 (Mahkamah Tinggi)
The claim was struck out because Plaintiffs' tickets were non-refundable and the cancellation was caused by COVID-19/MCO which amounted to 'extraordinary circumstances' under the Code and Article 10.2.3 of the carrier's conditions, relieving the airline of a contractual obligation to refund; the claim was therefore plainly unsustainable and an abuse of process warranting strike-out under Order 18 r.19, compounded by the defendant's voluntary refund and the practical irrelevance of continuing the suit.