Malaysia

Apex court denies Najib leave to appeal 1MDB suit attendance ruling

Bench orders former PM to pay RM30,000 in costs to 1MDB, its four subsidiaries.

Updated 2 years ago · Published on 29 May 2024 7:07PM

Apex court denies Najib leave to appeal 1MDB suit attendance ruling
The Federal Court rejects an application by Najib Razak to appeal against an appellate court ruling which barred his presence from an 1MDB civil suit which he is facing. – The Vibes file pic, May 29, 2024.

THE Federal Court today rejected an application by Najib Razak to appeal against an appellate court ruling which barred his presence from an 1MDB civil suit which he is facing.

The jailed former prime minister’s application was dismissed by a three-member Federal Court bench, comprising Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Federal Court judges Rhodzariah Bujang and Hanipah Farikullah.

Najib was seeking leave to appeal the Court of Appeal’s ruling that did not allow him to attend the proceedings of the 1Malaysia Development Bhd (1MDB) US$681 million civil lawsuit filed against him and several others.

In a unanimous decision, justice Rahman said the court was not persuaded that this was a fit and proper case for it to exercise its discretion to grant leave under Section 96 of the Courts of Judicature Act 1964, adding that the matter was academic.

He ordered Najib to pay RM30,000 in costs to IMDB and its four subsidiaries, 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited, and Global Diversified Investment Company Limited.

On November 10, 2022, high court judge Atan Mustafa Yusoff Ahmad dismissed Najib’s application to be present in the proceedings to lift the Mareva injunction obtained by IMDB and its four subsidiaries.

The subsequent appeal by the former Pekan MP, who is currently serving a 12-year sentence in Kajang Prison, was dismissed by the Court of Appeal on November 24, 2023.

1MDB and its four subsidiaries filed the suit in May 2021 against Najib, Terrence Geh Choh Heng (former 1MDB finance director), Jasmine Loo Ai Swan (former 1MDB counsel), Casey Tang Keng Chee (former 1MDB executive director), Vincent Beng, Radhi Mohamad (former chief financial officer and subsequently chief operating officer).

On February 8, 2022, the high court granted the ex-parte Mareva injunction against Najib.

On September 27, last year, the high court upheld the injunction which was heard on an interparte basis, following which, Najib filed an appeal to the Court of Appeal.

The injunction order obtained by the companies was to freeze Najib’s assets before the determination of the civil suit.

The injunction also limits Najib to withdrawing no more than RM100,000 per month for living and legal expenses. He must obtain written permission from the lawyers of 1MDB and Global Diversified if more is required.

A Mareva injunction is an order preventing someone from disposing of property pending the outcome or conclusion of a legal action.

In today’s proceedings, Najib’s lawyer Muhammad Shafee Abdullah said his client wanted to attend the proceedings to brief his lawyers on the matter, reported Bernama.

However, counsel Siva Kumar Kanagasabai, representing 1MDB and the four subsidiaries, said the matter was academic as the hearing of the Mareva injunction, which Najib sought to attend, is over.

Najib’s other counsel Alaistar Brandah Norman told reporters that his appeal to lift the injunction is scheduled for case management on August 26. – May 29, 2024.

Related News

Malaysia / 4mth

Rosmah: ‘There was no obligation for me to buy any of the jewellery’

Opinion / 1y

A tribute revisited: Why I needed hope

Malaysia / 1y

1MDB trial postponed again as Najib remains in hospital

Malaysia / 1y

1MDB trial postponed as Najib warded at HKL

Malaysia / 2y

Jho Low didn’t represent Najib, says Shafee in 1MDB trial

Malaysia / 2y

Najib brought Malaysia to excellence, says Zahid’s daughter

Spotlight

Malaysia

Anwar: Children’s smiles, dreams are Malaysia’s future (video)

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

Malaysia

Child malnutrition needs urgent action, says Charles Santiago

By Alfian Z.M. Tahir

Malaysia

Zahid: Umno, BN favour earlier GE16

World

Trump floats renaming Strait Of Hormuz ‘Trump Strait’ amid Iran conflict

Malaysia

Weak earthquake measuring 3.4 magnitude detected in Keningau

Malaysia

Stepfather held over alleged rape, sexual assault of 13-year-old in Besut

Malaysia

Toying with danger: Police tracking owner of MPV

You may be interested

Malaysia

Bersatu, Muda leaders hold talks amid uncertainty over PN

Malaysia

Reform agenda takes shape as government pushes ahead with wider changes

By The Vibes Says

Malaysia

Gateway attacks on The Vibes servers are an attack on all Malaysians

Malaysia

SRC seeks RM42m from Najib, says he controlled company through multiple roles

Malaysia

Country used as transit hub for RM42.8m international drug haul

Malaysia

Malaysians held abroad help crack cross-border drug networks - Home Minister

Malaysia

'The life and spirit of the cafe is gone', Secangkir Café, Kuantan closes today

Malaysia

E-hailing driver helps save 71-year-old from losing another RM10k in suspected love scam