The High Court in Kuala Lumpur today dismissed an application by family members representing 32 foreign passengers of the ill-fated MH370 to appoint two US lawyers with expertise in aviation law for the trial.

Justice Hanipah Farikullah said Steven C Marks and Roy Kalman Altman did not fulfill the requirements set under the Legal Profession Act 1976.

"This case only involves arguments regarding breach of contract, conspiracy, negligence and fraud, which Malaysian lawyers can handle.

"There will be some reference to the Montreal Convention and the plaintiffs can call the legal experts on the matter to give evidence," the judge said in her oral decision.

She said that the LPA allowed people from Malaysia, Singapore, Great Britain, Australia and New Zealand or graduates from these countries to come and practice here.

The appointment of the US lawyers would have allowed them to cross-examine the witnesses at the trial.

The families, totalling 72 plaintiffs, named Malaysian Airline System Bhd (the administration company), Malaysia Airlines Bhd, the Civil Aviation Department director-general, the Royal Malaysian Air Force and the Malaysian government as respondents.

Senior counsel Tommy Thomas for the plaintiffs said there were no Malaysian lawyers with expertise in aviation law, particularly dealing with air crashes.

He added that Marks had 30 years of experience in the field and had handled 50 air-crash cases.

“There are no lawyers in Malaysia who have the expertise in dealing with air crash incidents compared to Marks. He has worked and appeared in courts in Jamaica, Spain, Nigeria, Kazakhstan, Puerto Rico and Russia,” he said.

Tommy (photo) told the court that there were other suits regarding MH370 filed elsewhere but they decided to file it here as they believed in the justice system.

Lawyer Sarajit Singh appeared for Malaysia Airlines Bhd while Sanjeev Kumar appeared for Malaysian Airline System Bhd (the administration company), and Malaysian Bar's Farez Jinnah (holding a watching brief), while senior federal counsel Alice Loke appeared for the government.

All of them appeared to oppose the motion.

Justice Hanipah made no order as to costs.

From three countries.

The 32 passengers comprised Americans, Indians and Chinese nationals.

The Boeing 777 left slightly before midnight from the Kuala Lumpur International Airport in Sepang on March 7, 2014, and disappeared in the early morning of March 8. It was carrying 227 passengers and 12 crew.

The statement of claim further stated that MAS breached its contract by not ensuring the airworthiness of MH370 and the safety of the passengers on board.

The plaintiffs further contended that MAS, DCA, RMAF, the transport ministry and the Malaysian government had illegally conspired with each other and acted in a grossly negligent manner to obstruct, frustrate, and prevent the discovery of their aircraft and in turn, resulted in a delay in the conduct of the MH370 search and rescue operations.

They further contended the defendants concealed information relevant to the aircraft's disappearance by omitting material information from the preliminary report and making untrue and dishonest statements to the press as to the actions taken to track MH370, and the likely location where the aircraft disappeared.

They are claiming for loss of present and future financial support, loss of services, loss of family love and affection and irreparable psychological harm and trauma.

As a result they are claiming special damages, general damages, aggravated and exemplary damages, costs of bereavement.