Najib, son succeed to stay execution of RM1.7bil tax summary judgment

PUTRAJAYA: Former prime minister Datuk Seri Najib Razak and his son, Datuk Mohd Nazifuddin, on Wednesday (Sept 21) obtained an order to stay the execution of a summary judgment entered against them over unpaid income tax amounting to more than RM1.7bil pending disposal of their appeals in the Federal Court.

The order was granted by a three-member bench comprising Chief Justice Tengku Maimun Tuan Mat and Federal Court Judges Mary Lim Thiam Suan and Rhodzariah Bujang.

"The order to stay the execution of the summary judgment is allowed pending the disposal of the appeals by both the appellants at the Federal Court," said Tengku Maimun in the proceeding conducted via video conference today.

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Earlier, lawyer Muhammad Farhan Muhammad Shafee, representing Najib and Mohd Nazifuddin, told the bench that the Inland Revenue Board (LHDN), as the respondent, did not object to the applications by both his clients.

This was confirmed by senior revenue counsel Al-Hummidallah Idrus, representing the LHDN.

In 2020, two separate High Courts allowed LHDN's applications to enter a summary judgment to recover tax arrears of RM1.69bil from Najib and RM37.6mil from Nazifuddin for the period between 2011 and 2017.

On May 10, this year, Najib and Nazifuddin were given the nod by the Federal Court to proceed with their appeals against the decisions of the two High Courts in allowing the LHDN's applications to enter a summary judgment to recover more than RM1.7bil in tax arrears from them.

Both Najib and Nazifuddin lost their appeals in the Court of Appeal last September to set aside the summary judgment.

A summary judgment is obtained when the court decides on a case through written submissions without a full trial and without calling witnesses. - Bernama