KUALA LUMPUR: Datuk Seri Najib Tun Razak has to file his defence by June 9 to a lawsuit brought by Tun Dr Mahathir Mohamad and two others against him for alleged misfeasance in public office after his stay bid was denied by a High Court.
High Court judge Justice Abu Bakar Jais said Najib, who was represented by lead counsel Tan Sri Cecil Abraham, had not included facts to support the stay application.
"The argument by the defendant is that they did not allude to facts pertaining to a stay as it is concerns a question of law. A question of law only relates to a striking-out application and not a stay," said Justice Abu Bakar, after hearing lengthy submissions by both parties.
Najib applied to stay the filing of defence over the civil suit pending disposal of his bid to strike out the suit.
Najib is seeking to strike out the lawsuit on the basis that it does not contain the required elements for the tort of misfeasance, and was therefore frivolous and vexatious.
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