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KUALA LUMPUR – Lawyers of shareholders entangled in the MySejahtera fiasco argued in the high court here today whether several amendments to P2 Asset Management Sdn Bhd’s (P2) supporting evidence should be accepted by the court.
The legal counsels were also submitted before judge Datuk Ahmad Fairuz Zainol Abidin on an application by MySJ Sdn Bhd (MySJ) to strike out the amendments to the statement of claim as initiated by P2.
P2’s lawyer Nagarajah Muttiah initially argued that his client’s application to amend its statement of claim had satisfied all legal requirements and had reasonable cause to justify his claim.
Nagarajah, on the bid by MySJ to strike out the amendments, argued there was cause already established in the case, sufficient to trounce MySJ’s striking out bid.
“We have pleaded and claimed damages while other issues at hand need to be clarified during the trial.
“We have established reasonable cause against the defendant to amend the statement of claims, and for the dismissal of Enclosure 7,” he said, referring to the bid to strike out.
Today’s proceedings were held virtually via Zoom.
MySJ’s lawyer Razlan Hari Zulkifli, meanwhile, argued P2 failed to satisfy the four main elements needed to include the amendments, which he said involved accusations of conspiracy against his client.
He said P2 as the plaintiff failed to satisfy legal requirements for its argument such as location of the alleged conspiracy, when the meeting between conspiring parties took place, the actions allegedly taken, and what damages have been caused by the supposed offence.
“This cannot be a proper plea for conspiracy, it is completely and utterly devoid of the principles and conditions that I have outlined.”
Chiming in was Ashok Kandiah, representing Entomo Malaysia and Revolusi Asia Sdn Bhd, who also claimed P2 had fallen short of the requirements to legitimise its appeal for amendments.
He asserted that the sought-after amendments were an afterthought against the defendants, and that facts to be inserted had strayed away from matters within P2’s original claims.
Ashok argued P2 also breached the regulations within the Rules of Court 2012 standing orders and breached procedural requirements concerning submission of amendments.
“Among our concerns is also the conflating of information within the plaintiffs’ amended statement of claim and writ,” he said.
Fairuz, upon hearing all parties, set a deadline of April 15 for him to deliver his judgment.
The merits of amendments being sought by P2 cannot be made public yet, seeing as the court has yet to affirm the amendments.
Media almost chased out
Minutes before today’s virtual proceedings in chambers began, lawyers had argued for members of the press to be barred from today’s proceedings, saying it was a matter in chambers.
They asserted even in usual circumstances, press are not allowed into matters handled in chambers, and that today’s virtual session should be the same.
MySJ’s Razlan even questioned how members of the press were given access to the Zoom meeting link, then informing the judge that today’s proceedings addresses private matters, those not necessarily admissible to the public.
Ashok asserted how he would have no issue indulging the press with comments after proceedings, but did not agree with journalists being in attendance.
Fairuz then responded saying he was the one who granted access to members of the press who had asked for permission to attend the proceedings.
“In fact, for your information, I have allowed members of the press to attend virtual matters in chambers in the past, and they are entitled to be present in these proceedings as well.
“Consistent with the matters in the past in this court, and in the interest of transparency, I am allowing for today’s proceedings to go on with the presence of the press,” he said before both parties presented their arguments.
Companies such as Entomo Malaysia, Revolusi Asia, P2 Asset Management, and MySJ were relatively lowkey, avoiding headlines, until it was revealed through Public Accounts Committee (PAC) transcripts of their involvement with the ongoing MySejahtera kerfuffle.
In this case, P2 in its initial statement of claims claimed Revolusi Asia had breached a shareholders sales agreement (SSA) by way of an early termination sought by the latter company.
This claim of breach comes as P2, having already made initial investments in MySJ, is accusing Entomo Malaysia and Revolusi Asia of conspiring against its SSA.
Controversy ignited around MySejahtera following revelations within PAC’s Hansard released in Parliament last week, with questions raised over the true ownership status of the platform and data security of more than 38 million users. – The Vibes, March 31, 2022
