TOH Puan Naimah Abdul Khalid, the wife of former finance minister Tun Daim Zainuddin, has received a temporary stay order from the Putrajaya Court of Appeal allowing her to delay a RM313.8 million tax arrear payment.
A three-member bench, led by Datuk Supang Lian, said the bench was unanimous in its decision.
The bench granted the ad interim (temporary) stay until the hearing of the appeal proper, over last month’s High Court rejection.
Other judges on the bench were Justices Datuk Hashim Hamzah and Datuk Dr Choo Kah Sing.
In delivering a brief judgement, Choo held that Naimah’s bid for the temporary stay order had merit.
Earlier this month, the High Court refused to grant an interim stay against an order by the IRB for Na’imah to pay the RM313.82 million in additional tax.
Judge Dr Shahnaz Sulaiman, in dismissing the application, said there were no exceptional circumstances in this case.
Na’imah, 67, was seeking an interim stay, pending a judicial review application to quash the IRB order dated Aug 13, deeming it as ultra vires, illegal, void, unlawful and in excess of authority, irrational and unreasonable.
She argued that special circumstances justified an interim stay, including that her judicial review application would be rendered nugatory if the stay was refused, the large tax sum raised by the respondent, and the irreparable damage and undue hardship she would face without the stay. - October 28, 2024
