KUALA LUMPUR – 1Malaysia Development Bhd will file an application for a substituted service order to serve a US$3.7837 billion (RM15.75 billion) writ of summons to fugitive businessman Low Taek Jho, or better known as Jho Low, his family members, and an associate.
Representing 1MDB, lawyer K. Siva Kumar said the application will be filed this week as the writ of summons has yet to be served to all the defendants, as they are not at their last addresses.
“The court has fixed October 6 for the next case management,” he said via WhatsApp after case management before high court deputy registrar Nor Afidah Idris today.
Substituted service is to serve documents in public litigation in the form of letters, advertisements or any other method that allows the proceedings to get the attention of the defendants after attempts to serve the said documents via personal service are unsuccessful.
On May 7, 1MDB and its four subsidiaries – 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd and Global Diversified Investment Company Ltd, or formerly known as 1MDB Global Investments Ltd – filed a suit against Low, his parents Tan Sri Larry Low Hock Peng and Puan Sri Goh Gaik Ewe, his sister May Lin, his younger brother Taek Szen, and his associate Eric Tan Kim Loong.
Based on the writ, 1MDB is claiming US$661 million from Low; US$41 million, US$397 million, US$608 million and US$1.9 billion from him and Tan; and, US$325 million from him and his father.
1MDB Global Investments Ltd is seeking US$630 million from Low, his father and Tan; and, US$2 million from him, Taek Szen and Tan.
The plaintiffs are also seeking US$3.5 million from May Lin and Low; US$1.695 million from Low, Goh and Tan in connection with the purchase of jewellery and secret profits; and, US$25.5 million from Low, his father, Tan and Taek Szen.
Based on the statement of claim, all the plaintiffs said they were manipulated by a group of individuals, including former prime minister Datuk Seri Najib Razak and the first defendant, namely Low, into facilitating a large-scale and long-term fraud resulting in billions of ringgit being fraudulently misappropriated into privately controlled accounts for the benefit of various fraudsters, including the defendants.
“In carrying out the fraud, multiple breaches of trust and/or fiduciary duty were committed by Najib, members of the board of directors, and the senior management of the plaintiffs,” said the plaintiffs.
“The funds and assets of the plaintiffs that were transferred to the defendants were misappropriated with the knowledge of the defendants, in breach of trust and fiduciary duty.”
They also said Najib abused his power and position to protect himself and cover up the fraud against the plaintiffs by, among others, obstructing efforts to investigate and uncover evidence related to fraud and misconduct against the plaintiffs in Malaysia. – Bernama, September 14, 2021
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