MH370 families confront Malaysia Airlines over damages

TWO Australian families devastated by the MH370 tragedy will come face-to-face with Malaysia Airlines’ lawyers to try to reach a settlement over their loss.

MH370 victims’ families are set to confront Malaysia Airlines over damages. Picture: File

TWO Australian families devastated by the MH370 tragedy will finally come face-to-face with Malaysia Airlines’ lawyers on Friday to try to reach a settlement over their loss.

The first of two mediation sessions will be held in Sydney with the adult children of MH370 passengers Rodney and Mary Burrows, and Bob and Cathy Lawton.

It has taken two and a half years to get to this point, even though Malaysia Airlines was compensated for the hull loss of the Boeing 777 within months of the crash on March 8, 2014.

Tragic loss ... Karla McMaster, Melia Burrows and Jayden Burrows are the three children of Rodney and Mary Burrows, who were on board MH370. Picture: Tara Croser

Since learning of their parents’ death by text message, the six children of the two couples have been forced to put their lives on hold to deal with the unprecedented tragedy.

They are now seeking in excess of the $210,000 per passenger sum payable under the Montreal Convention, based on the airline’s negligence in failing to keep track of the aircraft.

It is up to Malaysia Airlines to prove it was not negligent if it does not wish to pay further damages for economic loss, nervous shock and psychological harm.

Glenda Brinckman, Melissa Lawton and Amanda Lawnton are the daughters of Bob and Cathy Lawton, who were travelling with their friends Rodney and Mary Burrows on MH370. Picture: Liam Kidston

Carneys Lawyers aviation expert John Dawson will represent the families in the private mediation before retired District Court judge Richard Rolfe.

In its defence lodged with the Federal Court in August, Malaysia Airlines presented no argument as to why the carrier was not negligent in its operation of MH370.

But the document stated the next of kin were “not entitled to bring a claim for nervous shock and any consequential loss”.

Sadly missed ... Mary and Rodney Burrows were among the 239 people on board MH370. Picture: Supplied

Similar claims are being made in the US on behalf of 44 passengers, including 42 from China and two American citizens.

Documents lodged in the District Court of Columbia seek damages from Malaysia Airlines on 48 grounds, including “failure to safeguard pilots, crew and passengers from dangerous cargo such as the 2453 kilograms of lithium ion batteries in the cargo hold”.

Unlike the Australian lawsuit, the US class action seeks a “jury trial” to hear the matter.

The action also raises the possibility of seeking further damages from Malaysia Airlines under Maritime Law in the event the plane wreckage is found in the Southern Indian Ocean, and it is determined the passengers died on the high seas.

Hopes are fading the fuselage and black box recorders will be found, as the deep water search of the priority zone moves into its final stages.

The entire 120,000 square kilometre search zone should be fully scoured by December, and officials have declared that in the absence of credible new evidence about the Boeing 777’s final resting place, the search will be suspended.