KUALA LUMPUR: The High Court has fixed May 7 to hear Datuk Seri Najib Razak's application for a stay of execution on the US$1.3bil payment owed to SRC International Sdn Bhd.
On the same day, the court will also hear submissions on costs in the lawsuit brought by SRC against the former premier for breach of fiduciary duty.
SRC's lawyer Kwan Will Sen told The Star that the date was fixed by deputy registrar Mohd Syafiq Mustaza during an e-review proceeding here on Friday (April 3).
On Tuesday, the High Court allowed a US$1.3bil lawsuit filed by SRC against Najib over breach of fiduciary duty and misfeasance in public office, linked to a RM4bil loan from the Retirement Inc Fund (KWAP) to SRC.
Justice Ahmad Fairuz Zainol Abidin, who is now a Court of Appeal judge, found that Najib was liable to account for and pay the sum of US$1.18bil and US$120mil to SRC.
The US$1.18bil was the loss of proposed investment funds linked to SRC while the US$120mil was the compensation for Najib's fraudulent breach of fiduciary duties.
The court found that Najib had breached his trust, abused his power, misappropriated the company’s funds, and personally benefited from these actions.
The lawsuit originally named Najib, along with former SRC directors Datuk Suboh Md Yassin, Mohammed Azhar Osman Khairuddin, Nik Faisal Ariff Kamil, Datuk Che Abdullah @ Rashidi Che Omar, Datuk Shahrol Azral Ibrahim Halmi and Tan Sri Ismee Ismail.
However, later, it removed six names from the suit and retained Najib and Nik Faisal as the first and second defendants.
Najib then brought the formerly named SRC directors as third-party respondents in the suit.
For the claims against the third-party defendants brought by Najib, the High Court dismissed all claims with costs, to be decided later.
The High Court allowed an interim stay of execution on the payment pending the proper hearing of a stay application.
Najib intends to appeal the High Court's decision in allowing the lawsuit against him.
