KUALA LUMPUR: The High Court has fixed Dec 11 to decide whether Prime Minister Datuk Seri Najib Tun Razak (pic) can strike out the suit filed by Gerakan Anakmuda Tolak Najib (GANT1) over a USD$3.5bil bond loan.
Najib's counsel Datuk Mohd Hafarizam Harun told reporters this after the hearing of striking-out application before Justice Hue Siew Kheng on Thursday.
Mohd Hafarizam said they have put three points before the court; that the plaintiffs do not have the locus standi or legal standing to bring the action, that the court does not have the jurisdiction to hear the case as the arbitration for the loan was conducted in London and finally that his client was wrongfully added as a party to the suit.
The loan being challenged in the suit was made by 1Malaysia Development Board (1MDB) from the International Petroleum Investment Company (IPIC) and its subsidiary, Aabar Investment PJS (Aabar asli).
Muhammad Haniff Khatri Abdulla acted for the ten plaintiffs from GANT1, while Datuk Tan Hock Chuan for 1MDB and Senior Federal Counsel Alice Loke acted for the Government.
On July 11, the ten plaintiffs named Najib, the Government and 1MDB as the first, second and third defendants in the suit.
The ten are Muhammad Faiz Fadzil, Mahathir Mohd Rais, Lee Chuan How, Ridzwan Abu Bakar, Mohd Fakhrulrazi Mohd Mokhtar, Muhammad Syaafiq Azmi, Omar Tuah, Mohd Zulhazmi Hassan, Mohamad Ammar Atan and Abdullah Suady Ramadhan Mohd Nasir.
In their statement of claim, the plaintiffs are seeking a declaration from the court that arbitration claim settlement between IPIC and/or Aabar asli with the Government and 1MDB at the London Court of International Arbitration is null and void.
The plaintiffs are also seeking a mandatory injunction to restrain Najib and/or the Government and/or 1MDB and/or its agents, officers and staff from making any payments between IPIC and/or Aabar asli with the Government and 1MDB.
They are also seeking an order that the defendants via its agents and/or officers have the responsibility to return any payments wrongly paid to IPIC and/or Aabar asli and/or Aabar (BVI) to be returned to 1MDB's account or a "special account for the benefit of the rakyat" as deemed fit by the court.
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