The family of a Melbourne man who died when flight MH370 vanished almost two years ago is suing Malaysia Airlines for unspecified costs and damages.

Chong Ling Tan, from Kew, was a business class passenger on the doomed flight which was carrying 239 people when it disappeared during a flight from Kuala Lumpur to Beijing in 2014.

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His widow, Yen Li Chong, and her two sons, aged 19 and 15, have filed a writ in the Victorian Supreme Court saying Malaysia Airlines was negligent in failing to ensure the flight was safe for its crew and passengers.

The family says they suffered nervous shock as a result of their father and husband’s death.

They are seeking costs and damages but have not yet specified an amount.

The writ says Malaysia Airlines failed to monitor and track the flight at all times and failed to ensure the flight’s crew and agents did not commit any wrongful acts.

Flight MH370 left Kuala Lumpur international airport at 12.41am on March 8, 2014 before veering off-course.

The last radar trace was recorded seven and a half hours later.

In January 2015 Malaysia’s department of civil aviation declared the disappearance to be an accident in which there were no survivors.

There have been reports of other lawsuits against the airline in Malaysia, accusing it of negligence over the doomed flight.