Najib and Rosmah File Applications to Strike Out Suits

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Najib files application to strike out a suit by Zaid Ibrahim seeking to inspect his AmBank accounts while Rosmah files an application to strike out Khairuddin Abu Hassan’s lawsuit against her to return a US$27.3 million pink diamond necklace set to 1MDB.

Datuk Seri Najib Tun Razak has filed an application to strike out former Cabinet minister Datuk Zaid Ibrahim’s suit against AmBank Islamic Bhd to inspect the prime minister’s bank accounts and disclose the sources of funds in relation to SRC International Sdn Bhd and the RM2.6 billion donation issue.

After meeting High Court deputy registrar Nurul Ain Hamzah in chambers on Friday, Najib’s counsel Nur Hazira Aby Hayyan said that the application filed on Sept 8 was made on grounds that Zaid had no locus standi to file the suit.

She said the court had directed Zaid to reply (to the striking out application) by Sept 28 and Najib to file his reply on Oct 16.

She added that the court has fixed Nov 3 for next case management of the suit.

Zaid had initiated the civil action against AmBank Islamic, which was named as the sole respondent in the suit.

The plaintiff wants the bank to allow him and his solicitors to inspect and take copies of entries made in Najib’s five accounts with the bank.

On Jul 28, the High Court granted the application by Najib to intervene in the suit on grounds that he had sufficient interest in the matter as the bank accounts in question are his.

Zaid filed an application to inspect five of Najib’s bank accounts and to disclose the sources of funds in relation to the RM2.6 billion donation issue as the information was relevant for his civil action against Najib and three others.

On Aug 17 last year, Zaid filed a lawsuit against Najib, 1MDB, the government, and Najib’s stepson Riza Shariz Abdul Aziz to recover US$731 million (RM2.6 billion) and RM42 million allegedly banked into Najib’s accounts.

Zaid in his statement of claim said Najib had breached his fiduciary duties when he allegedly received the funds and also conferred pecuniary benefit on Riza.

He is asking the court to order Najib to pay back the RM2.6 billion to 1MDB and the RM42 million to the Malaysian government, as well as two percent interest on the amounts.

Zaid is also seeking a court order to compel Riza to pay back all alleged sums he received, directly or indirectly, from 1MDB, and for Riza to transfer to 1MDB all purported properties he acquired.

Meanwhile, a day earlier, Datin Seri Rosmah Mansor filed an application to strike out former Umno leader Datuk Seri Khairuddin Abu Hassan’s lawsuit against her to urge the return of a US$27.3 million pink diamond necklace set to 1MDB.

Her lawyer Datuk Mohd Hafarizam Harun said the application was filed on Sept 7 on grounds that Khairuddin had no locus standi to sue Rosmah and had also failed to include specific details in his statement of claim.

“This is a misjoinder as Khairuddin should not be the one filing the suit, but 1MDB,” Hafarizam said after the case came up for case management before Deputy Registrar K Pavani.

Hafarizam said that 1MDB, which had also been named as a defendant in Khairuddin’s suit, had also filed a striking out application on Sept 13 on the same grounds.

The court fixed Nov 9 for the next case management to set dates for the proper hearing of the application.

“The court has also granted my client and 1MDB stay pending the disposal of the striking out application,” said the lawyer.

Khairuddin had on Aug 16 filed the legal action naming Rosmah, Jho Low and 1MDB as defendants.

Khairuddin is also seeking a court order for Jho Low to pay 1MDB all the money allegedly misappropriated from the company.

After three failed attempts to serve the statement of claim on Jho Low, Khairuddin managed to obtain a court order to advertise his lawsuit in two newspapers to demand the return of the pink diamond allegedly in the hands of Rosmah.

His lawyer Syed Iskandar Syed Jaafar Al Mahdzar said that the court allowed their application to advertise the court paper in an English and a Chinese daily.

Lawyer Rishwant Singh appeared for Jho Low and Cains Tan appeared for 1MDB.