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MH370: Malaysia Airlines 'Deliberately Altered The Course Of The Aircraft', Widow Claims To Supreme Court

MH370 Victim's Widow Sues Malaysian Airlines For 'Deliberately' Altering Plane's Course
Steven Hopkins
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The crew of missing MH370 "deliberately altered" the aircraft’s flight path, the widow of of a passenger who died on board alleges in a compensation claim filed with Australia's Victorian Supreme Court.

Jennifer Chong, 48, from Melbourne, has launched a claim against Malaysia Airlines following the death of her husband of 23 years, Chong Ling Tan, who was sitting in business class seat 1C when the aircraft disappeared on March 8, 2014. Twelve crew and 227 passengers were on board the flight from Kuala Lumpur to Beijing.

Chong's claim for an undisclosed amount - which is being supported by her two sons, aged 19 and 14 - asks the court to confirm her insistence that the airline and its crew were responsible for the loss of the Boeing 777.

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Jennifer Chong is seeking compensation from Malaysia Airlines over the death of her late husband Chong Ling Tan on flight MH370

Her husband's death, Chong said, has led to her and her sons suffering "nervous shock".

In papers acquired by Melbourne’s The Age newspaper, Chong said Malaysia Airlines was vicariously responsible for the actions of its crew "who failed to ensure the aircraft safely reached its destination and/or who deliberately altered the course of the aircraft resulting in its loss at sea".

The airline, Chong claimed, breached its duty of care to her husband and could not prove his death was not due to their negligence "or other wrongful act".

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Chong claims Malaysia Airlines crew may have 'deliberately altered the course of the aircraft'

She said in her writ: "Further the defendant (Malaysia Airlines) owed a duty of care to the deceased and other passengers and crew on the flight in relation to their safety and wellbeing."

In a list of complaints against Malaysia Airlines, Chong claims it had been negligent in failing to ensure the flight was safe for her husband and the other passengers and had failed to ensure that reasonable and adequate precautions were taken on the flight.

She also says the airline failed to monitor and track the flight at all times and ensure that its crew followed all proper procedures.

If the airline had not been so negligent, Chong says in her claim, the plane would not have disappeared.

The search for MH370, being conducted in the southern Indian Ocean, south west of Australia, is due to end in June this year. Debris from the plane was found on the island of La Reunion, however, the cause of the disaster remains unknown.

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Possible debris found from MH370
Missing Malaysia Plane(01 of24)
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In this photo dated Wednesday, July 29, 2015, French police officers look over a piece of debris from a plane in Saint-Andre, Reunion Island. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Lucas Marie) (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(02 of24)
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In this photo dated Wednesday, July 29, 2015, French police officers carry a piece of debris from a plane in Saint-Andre, Reunion Island. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Lucas Marie) (credit:ASSOCIATED PRESS)
FRANCE-OVERSEAS-REUNION-ACCIDENT-AVIATION(03 of24)
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Police carry a piece of debris from an unidentified aircraft found in the coastal area of Saint-Andre de la Reunion, in the east of the French Indian Ocean island of La Reunion, on July 29, 2015. The two-metre-long debris, which appears to be a piece of a wing, was found by employees of an association cleaning the area and handed over to the air transport brigade of the French gendarmerie (BGTA), who have opened an investigation. An air safety expert did not exclude it could be a part of the Malaysia Airlines flight MH370, which went missing in the Indian Ocean on March 8, 2014. AFP PHOTO / YANNICK PITOU (Photo credit should read YANNICK PITOU/AFP/Getty Images) (credit:YANNICK PITOU via Getty Images)
FRANCE-OVERSEAS-REUNION-ACCIDENT-AVIATION-INVESTIGATION(04 of24)
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Policemen and gendarmes stand next to a piece of debris from an unidentified aircraft found in the coastal area of Saint-Andre de la Reunion, in the east of the French Indian Ocean island of La Reunion, on July 29, 2015. The two-metre-long debris, which appears to be a piece of a wing, was found by employees of an association cleaning the area and handed over to the air transport brigade of the French gendarmerie (BGTA), who have opened an investigation. An air safety expert did not exclude it could be a part of the Malaysia Airlines flight MH370, which went missing in the Indian Ocean on March 8, 2014. AFP PHOTO / YANNICK PITOU (Photo credit should read YANNICK PITOU/AFP/Getty Images) (credit:YANNICK PITOU via Getty Images)
FRANCE-OVERSEAS-REUNION-ACCIDENT-AVIATION-INVESTIGATION(05 of24)
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A policeman and a gendarme stand next to a piece of debris from an unidentified aircraft found in the coastal area of Saint-Andre de la Reunion, in the east of the French Indian Ocean island of La Reunion, on July 29, 2015. The two-metre-long debris, which appears to be a piece of a wing, was found by employees of an association cleaning the area and handed over to the air transport brigade of the French gendarmerie (BGTA), who have opened an investigation. An air safety expert did not exclude it could be a part of the Malaysia Airlines flight MH370, which went missing in the Indian Ocean on March 8, 2014. AFP PHOTO / YANNICK PITOU (Photo credit should read YANNICK PITOU/AFP/Getty Images) (credit:YANNICK PITOU via Getty Images)
FRANCE-OVERSEAS-REUNION-ACCIDENT-AVIATION-INVESTIGATION(06 of24)
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A policeman and a gendarme stand next to a piece of debris from an unidentified aircraft found in the coastal area of Saint-Andre de la Reunion, in the east of the French Indian Ocean island of La Reunion, on July 29, 2015. The two-metre-long debris, which appears to be a piece of a wing, was found by employees of an association cleaning the area and handed over to the air transport brigade of the French gendarmerie (BGTA), who have opened an investigation. An air safety expert did not exclude it could be a part of the Malaysia Airlines flight MH370, which went missing in the Indian Ocean on March 8, 2014. AFP PHOTO / YANNICK PITOU (Photo credit should read YANNICK PITOU/AFP/Getty Images) (credit:YANNICK PITOU via Getty Images)
FRANCE-OVERSEAS-REUNION-ACCIDENT-AVIATION-INVESTIGATION(07 of24)
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Police and gendarmes carry a piece of debris from an unidentified aircraft found in the coastal area of Saint-Andre de la Reunion, in the east of the French Indian Ocean island of La Reunion, on July 29, 2015. The two-metre-long debris, which appears to be a piece of a wing, was found by employees of an association cleaning the area and handed over to the air transport brigade of the French gendarmerie (BGTA), who have opened an investigation. An air safety expert did not exclude it could be a part of the Malaysia Airlines flight MH370, which went missing in the Indian Ocean on March 8, 2014. AFP PHOTO / YANNICK PITOU (Photo credit should read YANNICK PITOU/AFP/Getty Images) (credit:YANNICK PITOU via Getty Images)
AUSTRALIA-MALAYSIA-CHINA-AVIATION-MH370-ACCIDENT(08 of24)
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Australia's Transport and Infrastructure Minister Warren Truss (L) arrives to speak to the media about MH370, the missing Malaysia Airlines plane, at the airport in Sydney on July 30, 2015. Truss said the discovery of aircraft wreckage in the Indian Ocean was 'a very important development' in the hunt for MH370, and it was feasible debris could have floated to the French island of La Reunion. AFP PHOTO / Peter PARKS (Photo credit should read PETER PARKS/AFP/Getty Images) (credit:PETER PARKS via Getty Images)
CHINA-MALAYSIA-AUSTRALIA-AVIATION-MH370-ACCIDENT(09 of24)
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Jiang Hui, whose mother is among the passengers on missing Malaysia Airlines MH370, watches a recording of a TV news program about the discovery of part of an airplane wing on the French island of La Reunion, at his home in Beijing on July 31, 2015. Chinese families of those missing on the airliner are waiting to find out if the wing part is from MH370. Meanwhile, Australian authorities on July 31 said the discovery of plane wreckage, even if found to be from MH370, would not narrow down the location of the main debris field or solve the mystery of why the jet crashed. AFP PHOTO / GREG BAKER (Photo credit should read GREG BAKER/AFP/Getty Images) (credit:GREG BAKER via Getty Images)
Reunion Missing Malaysia Plane(10 of24)
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Workers for an association responsible for maintaining paths to the beaches from being overgrown by shrubs, search the beach for possible additional airplane debris near the shore where an airplane wing part was washed up, in the early morning near to Saint-Andre on the north coast of the Indian Ocean island of Reunion Friday, July 31, 2015. A barnacle-encrusted wing part that washed up on the remote Indian Ocean island could help solve one of aviation's greatest mysteries, as investigators work to connect it to the Malaysia Airlines Flight 370 that vanished more than a year ago with 293 people aboard. (AP Photo/Ben Curtis) (credit:ASSOCIATED PRESS)
Reunion Missing Malaysia Plane(11 of24)
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A beach walker passes near the shore where an airplane wing part was washed up, in the early morning near Saint-Andre on the north coast of the Indian Ocean island of Reunion Friday, July 31, 2015. A barnacle-encrusted wing part that washed up on the remote Indian Ocean island could help solve one of aviation's greatest mysteries, as investigators work to connect it to the Malaysia Airlines Flight 370 that vanished more than a year ago with 293 people aboard. (AP Photo/Ben Curtis) (credit:ASSOCIATED PRESS)
Reunion Missing Malaysia Plane(12 of24)
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Workers for an association responsible for maintaining paths to the beaches from being overgrown by shrubs, search the beach for possible additional airplane debris near the area an airplane wing part was washed up, in the early morning near Saint-Andre on the north coast of the Indian Ocean island of Reunion Friday, July 31, 2015. A barnacle-encrusted wing part that washed up on the remote Indian Ocean island could help solve one of aviation's greatest mysteries, as investigators work to connect it to the Malaysia Airlines Flight 370 that vanished more than a year ago with 293 people aboard. (AP Photo/Ben Curtis) (credit:ASSOCIATED PRESS)
Reunion Missing Malaysia Plane(13 of24)
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Workers for an association responsible for maintaining paths to the beaches from being overgrown by shrubs, search the beach for possible additional airplane debris near the area where an airplane wing part was washed up, in the early morning near to Saint-Andre on the north coast of the Indian Ocean island of Reunion Friday, July 31, 2015. A barnacle-encrusted wing part that washed up on the remote Indian Ocean island could help solve one of aviation's greatest mysteries, as investigators work to connect it to the Malaysia Airlines Flight 370 that vanished more than a year ago with 293 people aboard. (AP Photo/Ben Curtis) (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(14 of24)
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In this photo dated Wednesday, July 29, 2015, French police officers carry a piece of debris from a plane in Saint-Andre, Reunion Island. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Lucas Marie) (credit:ASSOCIATED PRESS)
APTOPIX Missing Malaysia Plane(15 of24)
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In this photo dated Wednesday, July 29, 2015, French police officers inspect a piece of debris from a plane in Saint-Andre, Reunion Island. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Lucas Marie) (credit:ASSOCIATED PRESS)
APTOPIX Missing Malaysia Plane(16 of24)
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In this photo dated Wednesday, July 29, 2015, a piece of debris from a plane is pictured in Saint-Andre, Reunion Island. A 6-foot long piece of an airplane was found off Reunion Island on Wednesday by people cleaning the beach. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo) (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(17 of24)
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This image taken from video shows a piece of debris from a plane, Wednesday, July 29, 2015, in Saint-Andre, Reunion. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (Reunion 1ere via AP) FRANCE OUT (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(18 of24)
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In this image taken from video, police officers looking over a piece of debris from a plane, Wednesday, July 29, 2015, in Saint-Andre, Reunion. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (Reunion 1ere via AP) FRANCE OUT (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(19 of24)
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In this his image taken from video, police officers looking at a piece of debris from a plane, Wednesday, July 29, 2015, in Saint-Andre, Reunion. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (Reunion 1ere via AP) FRANCE OUT (credit:ASSOCIATED PRESS)
APTOPIX Missing Malaysia Plane(20 of24)
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This image taken from video, shows a piece of debris from a plane, Wednesday, July 29, 2015, in Saint-Andre, Reunion. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (Reunion 1ere via AP) FRANCE OUT (credit:ASSOCIATED PRESS)
Reunion Missing Malaysia Plane(21 of24)
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Johnny Begue, 46, who says he found the piece of aircraft debris that is being investigated, is interviewed by The Associated Press in Saint-Andre, on Reunion Island, Thursday July 30, 2015. The fragment may be the first clue to what happened to Malaysia Airlines Flight 370, which disappeared last year with 293 people aboard. Massive search efforts have failed to find any sign of the plane, and authorities are analyzing the piece to see if it matches the missing plane. (AP Photo/Andrew Meldrum) (credit:ASSOCIATED PRESS)
Missing Malaysia Plane(22 of24)
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People walk on the beach of Saint-Andre, Reunion Island, in the hope of finding more plane debris, Thursday, July 30, 2015. A 6-foot long piece of an airplane was found off Reunion Island on Wednesday by people cleaning the beach. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Fabrice Wislez) (credit:ASSOCIATED PRESS)
Large piece of plane debris discovered in Indian Ocean(23 of24)
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ANKARA, TURKEY - JULY 30: Debris found on the island of Reunion east of Madagascar, appears to be part of Malaysia Airlines MH370 that disappeared in 2014. (Photo by Graphic: Ahmet Burak Ozkan/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
Missing Malaysia Plane(24 of24)
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A French law enforcement helicopter flies over the beach in Saint-Andre, Reunion Island, in the hope of finding more plane debris, Thursday, July 30, 2015. A 6-foot long piece of an airplane was found off Reunion Island on Wednesday by people cleaning the beach. Air safety investigators, one of them a Boeing investigator, have identified the component as a "flaperon" from the trailing edge of a Boeing 777 wing, a U.S. official said. Flight 370, which disappeared March 8, 2014, with 239 people on board, is the only 777 known to be missing. (AP Photo/Fabrice Wislez) (credit:ASSOCIATED PRESS)
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