PM, 1MDB OBTAIN STAY ORDER
Appeals Court allows application pending disposal of appeal
PUTRAJAYA
PRIME Minister Datuk Seri Najib Razak and 1Malaysia Development Bhd (1MDB) have obtained a stay of a High Court decision ordering them to file their defence in a civil lawsuit with regard to 1MDB’s settlement with the International Petroleum Investment Company (Ipic).
A Court of Appeal three-man bench, comprising Datuk Mohd Zawawi Salleh, Datuk Ahmadi Asnawi and Datuk Kamardin Ha- shim, unanimously allowed the stay application by Najib and 1MDB pending disposal of their appeal at the Appellate Court.
Najib, 1MDB and the Malaysian government filed an appeal at the Court of Appeal against the High Court dismissal of their application to strike out the lawsuit filed against them by 10 members of the Gerakan Anak Muda Tolak Najib (GANT1).
The matter is fixed for case management on Feb 13.
In granting the stay order, judge Mohd Zawawi, who led the bench, said the court was of the opinion that if the stay was refused, it would waste judicial time in the event the Appellate Court ruled in favour of the applicants (Najib and 1MDB) in the striking- out matter.
On July 11 last year, GANT1, headed by Parti Amanah Negara Youth deputy chief Muhammad Faiz Fadzil and nine others, filed a lawsuit against Najib, 1MDB and the government.
The lawsuit was over a consent award at the London Court of International Arbitration (LCIA) entered by 1MDB with Ipic concerning 1MDB’s alleged US$3.5 billion (RM13.6 billion) bond assistance from Ipic and its subsidiary, Aabar Investments PJS (Aabar Asli), for the purchase of an energy plant.
In their statement of claim, the GANT1 members claimed that on June 14, Ipic and Aabar Asli had brought their case to LCIA against 1MDB and the government relat- ing to a US$6.5 billion claim for 1MDB’s failure to honour the contract.
They are seeking, among others, a declaration that the settlement agreement and consent award signed in London were null and void.
On Jan 9, the High Court dismissed applications by Najib, 1MDB and the government to strike out the suit.
After the court’s decision, lawyer Datuk Mohd Hafarizam Harun, representing Najib, said the deadline for his client to file his statement of defence was this Friday, but as a stay was given, they need not file the defence.
Lawyer Datuk Tan Hock Chuan represented 1MDB, while counsel Mohamed Haniff Khatri Abdulla represented the GANT1 members. Bernama