The families of six Malaysia Airlines crew members on board the ill-fated MH17 have today filed a claim in the High Court of Malaya at Kuala Lumpur against Malaysian Airline System Berhad (MAS) and Malaysia Airlines Berhad (MAB) for negligence and breach of contract via solicitors, Messrs Thomas Philip.

The filing comes just days after the families were given consent by the administrators to commence legal proceedings, having made the request over five months ago.

The seven crew members are Mohd Ghafar bin Abu Bakar, in-flight supervisor; Lee Hui Pin, leading flight stewardess; Chong Yee Pheng, flight stewardess; Hamfazlin Sham Mohamed Arifin, flight stewardess; Nur Shazana Mohamed Salleh, flight stewardess; and Sanjid Singh Sandhu a/l Jijar Singh, flight steward.

Commenting on the filing, counsel for the families, Mathew Thomas Philip of Messrs Thomas Philip said, “We are relieved to have finally received consent to pursue justice for the families. As the operating carrier of flight MH17, MAS was responsible for the safe operation of the flight and the safety of all the occupants on board. They failed to fulfil these duties resulting in catastrophic loss of life.

“The families have suffered incredible loss and we intend to utilise the full extent of the law to ensure their years of suffering are not forgotten.”

The families are contending that MAS was in breach of contract for failing to ensure the safety, health and wellbeing of the flight crew. They are also asserting that MAS was negligent for failing to conduct adequate risk assessment and for charting a course which flew through a known conflict zone posing an unreasonable risk of harm and death to the crew, amongst others.

The claim is being brought under the Carriage by Air Act 1974, the Montreal Convention 1999 and the Civil Law Act 1956.

Consequently, the families are seeking for general damages including the loss of support and services, damages for pain and suffering, as well as damages for traumatic psychiatric injury, nervous shock and post-traumatic stress disorder, amongst others.

Speaking on their loss, Chong Seng See, brother of the late Chong Yee Pheng, said, “It has been very difficult for our family having lost a daughter and sister in such a horrific manner. She was always there for her family and friends.”

“We are grateful for finally obtaining consent. Yee Pheng served MAS for more than 18 years with great passion and we hope MAS recognises her contributions. The families of all the victims of MH17 deserve to be treated with humanity, compassion and respect. I hope that MAS will do right by them,” he added.

The late Chong Yee Pheng, was one of the total 15 crew members serving the 283 passengers on board the Kuala Lumpur bound MAS Boeing 777-200, when the plane was shot down by a BUK2 surface-to-air missile near the conflict zone of the Ukrainian-Russian border on July 17, 2014.