Bid to amend statement rejected

KUALA LUMPUR: The High Court has dismissed an application by a businessman to amend his defence statement in a civil action over a deal on a Rm445mil syndicated loans facility.

The businessman’s lawyer D. Paramalingam said: “We wanted to amend the defence (statement) to include the involvement of a former minister as the person behind the deal with Hong Leong Finance Bhd’s top executive, but the judge did not allow it.

“Hong Leong wanted to acquire the financial institution Kewangan Bersatu Berhad at the time but the deal did not go through,” he said.

Lawyer Andrew Chiew, who acted for Hong Leong, objected to the amendment.

At the outset of court proceedings yesterday, Paramalingam proposed to amend two paragraphs in the defence statement saying that it could be done before a judgment was entered in the civil action.

“If the plaintiff did not object, it is fine. The (proposed) amendment is made at the eleventh hour,” Judicial Commissioner Hadhariah Syed Ismail said in rejecting the application.

In 1998, Hong Leong Finance Bhd filed a suit against Low for Rm28.6mil for allegedly failing to repay its loan.

In 1999, Low filed a counter-claim against Hong Leong Finance, HLG Capital Markets Sdn Bhd and Hong Leong Credit Bhd’s former CEO Seow Lun Hoo asking for damages for alleged wrongful or negligent advice.

Hong Leong Finance also filed another suit against Mekuritek Sdn Bhd and three guarantors – Hussin Abdul Karim, Agus Salim Mohd Dom and Abdullah Abd Karim Bajerai – as defendants for a similar claim of Rm28mil.

Yesterday, Hong Leong general manager (consumer collection) Ng Kwong Meng, 55, testified that he was involved in the recovery actions initiated by the bank in 1998 against Low and Mekuritek.

The hearing will continue on March 28.