PUTRAJAYA: The self-styled Sulu heirs' "deceitful and fraudulent" behaviour resulted in the District Court of Luxemboug lifting the attachment order for the asset seizure of two PETRONAS companies, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister's Department (Law and Institutional Reform) said the court described the claimants’ conduct of voluntarily omitting their real addresses from their filings as constituting a "manifestly illicit hardship” that was detrimental to Malaysia.
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She said the omission was typical of the manner in which the claimants had consistently conducted themselves in their claim against Malaysia.
"It comes as no surprise that the claimants’ case failed at the first instance.
"The court considered this omission significant and found that the claimants’ conduct impeded the service of documents and the enforcement of the potential judgment to be rendered against them," she said in a statement on Monday (Jan 30).
Last week, Azalina had announced the lifting of the attachment order by the court.
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The attachment was based on the purported final award and purported preliminary award issued by the arbitrator Dr Gonzalo Stampa on Feb 28 and May 25 last year, as well as on the ex parte exequatur order of May 18 recognising these supposed awards in Luxembourg, she said.
"Malaysia is challenging the ex parte exequatur order before the Luxembourg Court of Appeal," she added.
According to Azalina, Malaysia had applied to the District Court of Luxembourg to obtain interim relief to release the attachment and the hearing took place on Dec 5.
Azalina stressed that the government would be unrelenting in its efforts to protect and preserve Malaysia’s interests, sovereign immunity and sovereignty at all times, and continue to take all necessary action to put an end to the claimants’ fictitious claim. – Bernama