MOCK TRIAL

All rise. The 43th high court is now in session

Bailiff honourable Judge Wan Hamzah is presiding.
Thank you, you may be seated. Court is now in
session. We call Malaysian Airline System BHD versus
Judge Malini Nathan is now in session. Is the appellant ready?
Appellant Yes, your honour
Judge Is the respondent ready?
Respondent Yes, your honour
Judge We will now hear opening statements from the

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appellant

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Appellant Good morning, Your Honour, ladies and gentlemen.

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First of all, my client is presumed innocent until proven
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guilty. In 1976, my client Malaysian Airlines System
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Bhd was sued for breach of contract for failing to fly
the 1sr respondent, Malini Nathan a 14 year old pupil
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in England at that time back to Malaysia on a particular

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flight. However, my client denied liability relied on

Condition No.9 under the conditions of Contract which
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was printed on page 2 of the tickets.

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Judge Thank you, council, we may now hear the opening

statements from the respondent to defers the appellant
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to rest their case

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Respondents Good morning, Your Honour, ladies and gentlemen. I

Lawyer am Joginder Singh, would be here as the lawyer for the
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respondent. Malini Nathan, when the incident occurred,

she was only 14 years old, was told that there was no
seat for her on flight No. MH 893. Malini’s mother had
book the flight ticket for her on the said flight but due
to the negligence of Malaysian Airline System for

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 making her name as Nathan Malini instead of Malini
Nathan, she could not be on the flight. The respondent
has claim the liability however it had been turned down
by the appellant.
Judge appellant lawyer, please call your first witness.

_____ please take the stand

raise your right hand. Do you solemnly swear that the
testimony you are about to give is the truth, the whole
truth and nothing but the truth?
Witness 1 Yes, I do

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Appellant Hello malini. It's been years since we last met, how are

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you?

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Witness 1 Fine rs e
Appellant Remember 6 years ago when you were left behind at
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Heathrow Airport London due to the failure of
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processing to your name because we fed information

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wrongly?
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Witness 1 Yes
Appellant Is it true that my client offered you accommodation to
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hotel while making arrangement of another flight, but

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you rejected it and preferred to stay with somebody

else?
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Witness 1 Yes
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Appellant You sure you said your name "Malini Nathan" at

checking in counter? Or are you actually scared that
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your parents would blame you for your careless

mistake?
Respondent’s Objection your owner
lawyer
Judge Objection accepted

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 Appellant Do you know bringing ticket during check in is crucial
so problem like this will not arise?
Witness 1 Yes
Appellant Did you bring along your ticket that time?
Witness 1 No
Appellant Where was it?
Witness 1 Urm.. bla blab la
Appellant See your Honour, how is it possible for my client to
give the seat for someone with completely different
name but fail to manipulate that "Nathan Malini" and
"Malini Nathan" are the same person. That is all, thank

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you your Honour

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Judge Respondent counsel, do you want to cross-examine

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Respondent Yes, Your Honour
Judge You may start
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Respondent Is it true that your age is 14 years old during that

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time?
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Witness 1 Yes.
Respondent Is it true that Malaysian Airline System offered you
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accommodation to stay in hotel at the age of 14 years

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old?
Witness 1 Yes
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Respondent No more question Your Honour.

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Judge Does the appellant have any more witnesses to call?

Appellant No, Your Honour.
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Judge Respondent, please call their first witness

_____ please take the stand

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 raise your right hand. Do you solemnly swear that the
testimony you are about to give is the truth, the whole
truth and nothing but the truth?
Witness 2 Yes, I do
Respondent Can you introduce yourself?
Witness 2 I’m…. (MAS)
Respondent Can you tell me what position you are in the company?
Witness 2 I’m the president of MAS
Respondent Are you witness the incident happened with our client
Malini Nathan?
Witness 2 No

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Respondent Our client, Malini Nathan was told that there was no

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seat for her on the said flight when there is a certain

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booking of her seat, is it true that Malaysia Airline
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System overbooking passengers on the said flight?
Witness 2 Yes
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Respondent It means all people who bought the ticket will not have
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the confirmation of their own seat even if they have

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paid, is it true?
Witness 2 Yes
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Respondent The practice of overbooking passenger on flight has

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lead to damages and our clients relatives had suffered

much distress and anguish as a result of your neglect,
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can you confirm that this is the act of justice of your

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business?!
Appellant Objection your honour!
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Judge Objection accepted

Respondent Do you claim that the information feed into the
computer was Nathan Malini instead of Malini Nathan?
Witness 2 Yes

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 Respondent Due to the event, Malaysian Airline System failed to
make out that "Malini Nathan" and "Nathan Malini" was
the same person even when there is only a slight
different, can you claim the damage made?
Witness 2 Hmm..
Respondent See your honour, the reservation could have been
made as Malini Nathan but when the information been
feed into the computer, it may change to Nathan Malini
due to recognition of Nathan, who is her father’s name
and continue with her name, Malini. If this simple
difference can be identified by the defendant, this case

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would not have rise and our client would not face

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severe damages.

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Judge Appellant counsel, do you want to cross-examine
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Appellant No, Your Honour
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Judge We will now hear closing statements on behalf of the

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Mas system bhd.

Appellant In conclusion, again I'm ln behalf of my client seeking
verdict not guilty relied on Condition No9 that my client
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is not liable for any damages happen and there is no

such breach of contract. And even if it's true Malini said
her name right in the first place, my client would still
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be absolved from liability for negligence in view of

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Condition no 9. Thank you

Judge Respondent you may give your closing.
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Respondents In conclusion, the case may not arise if Malaysian

Airline System could have managed their system justly
and did not take advantage of others. Due to the
negligence of the appellant, we claim for the liability
faced by the client under Article 19 of the Warsaw

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 Convention reading as follows: "The carrier is liable for
damage occasioned by delay in the carriage by air of
passengers, baggage or cargo." The problem of
overbooking should not be practiced as well as it had
result in the damages of others like what had
happened to my clients relative where she suffered
nervous shock and required medical treatment and
thereby suffered loss and damage.
Bailiff The court is now in recess. All rise

All rise. The 43th high court is now in session

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honourable Judge Wan Hamzah is presiding.

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Judge Thank you, you may be seated. Thank you, appellant

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and respondent for the submission presented just now.
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The verdict has been made by the court, considering
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the circumstances and evidence addressed,
I hereby due with respect dismissed the plaintiff claim
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as the defendant relied on Article 19 subject to 3(2)

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under the Conditions of contract of Carriage by Air Act

1974. Following condition, no 9 under the conditions of
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contract printed on page 2 of the ticket, the defendant

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would still be absolved from liability for negligence. The

appeal is allowed, and the President’s judgement is set
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aside. The plaintiff’s claims are dismissed.

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