KUALA LUMPUR: The High Court here has ordered Malaysia Airlines (MAS) and four others to file their statements of defence in the lawsuit filed by two young sons of a passenger on the missing MAS flight MH370.

The lawsuit was filed by the two brothers, aged 13 and 11, to claim for damages, among others, over the lost of their father, who was on board the missing aircraft en route to Beijing from here on March 8.

Court deputy registrar Pavani Kasi fixed Dec 15 for the defendants to file their statements of claim when the matter came up for case management in chambers yesterday.

Present were lawyers Datuk Dr S. Arunan and Gary Edward Chong, representing the two brothers as the plaintiffs. Arunan said Pavani had fixed next Jan 12 for case management before a judge.

On the witnesses to be called to testify in the case, Arunan said they were discussing on it.

“We have emails from foreign experts offering help.”

The two brothers, through their mother Ng Pearl Ming, 38, had filed the lawsuit on Oct 31, naming MAS, the Department of Civil Aviation (DCA) director-general, Immigration director-general, Royal Malaysian Air Force (RMAD) chief and the Malaysian government as the defendants.

The plaintiffs claim that their father, Jee Jing Hang, 41, had entered into a flight contract agreement with MAS by flying on its aircraft from here at 12.41am and was expected to reach Beijing at 6.30am on March 8.

The plaintiffs claim that MAS, as the first defendant, should have taken measures to ensure the flight was safe, but had breached that agreement when it failed to land in Beijing and there have been no further details on the flight’s ending until today.

The plaintiffs also claim that the DCA director-general, as the second defendant and responsible for providing air traffic control services to ensure safety of the flight, had failed and was negligent by not taking adequate measures to communicate with and detect the flight through the radar system.

The two plaintiffs are claiming for general damages from the defendants over the loss of their father and sole breadwinner, a businessman earning a monthly income of RM16,865, and supplemental damages due to their sufferings.

Meanwhile, two relatives of flight MH17 victims have come out in support of the German mother of a passenger aboard the downed aircraft, who is suing the Ukrainian government for failing to close its airspace.

Don Shahidan Kassim, brother of MH17 stewardess Dora Shahila, said the families of Malaysian victims should follow suit and seek legal action as well.

“We do not want another ‘MH17’ to occur. These people were not even involved in the Ukraine conflict but had to pay the price,” he told the New Straits Times yesterday.

Don Shahidan said the loss of their loved ones was truly felt to this day, adding that they could never be replaced.

“International bodies must take stern action on Ukraine. If they refuse to admit their misdoings, the world should boycott them. Why should we wait for another tragic episode to happen before taking action?”

German daily Bild on Sunday reported that the woman, whose son perised along with 297 others, filed a suit at the Strasbourg-based European Court of Human Rights claiming Ukraine had decided against closing off its airspace to civilian aircraft because it did not want to lose out on overflight fees.

The paper reported that the unnamed woman was seeking €800,000 (RM3.4 million) in damages for negligent homicide.

At the time MH17 was shot down, some 700 flights were thought to be crossing Ukrainian territory every day, bringing in several millions of Euros a month in revenue, Bild had reported.

The elder brother of MH17 passenger Mohd Ali Md Salim, meanwhile, said the woman and her family had every right to raise the matter in court.

“Their opinion on the incompetence of certain parties is up to them,” said Mohd Zaki. “(However) to me, a concrete basis is necessary in deciding whether to sue or not.”

He said his family had no plans yet to sue or otherwise, as they were still in the midst of emotional and spiritual recovery after the loss of Ali.