PUTRAJAYA (Oct 6): The Federal Court docket on Thursday (Oct 6) unanimously dismissed a evaluation software filed by businessman Deepak Jaikishian and two others towards former prime minister Datuk Seri Najib Razak, his spouse Datin Seri Rosmah Mansor, Baling Member of Parliament Datuk Seri Abdul Azeez Abdul Rahim and three firms together with Boustead Holdings Bhd.
Federal Court docket decide Datuk Nallini Pathmanathan, who led a three-member bench, unanimously dismissed the evaluation software by Deepak and two others, and dominated there needs to be no depart (permission) for a evaluation for the matter to be heard once more.
Deepak, alongside together with his brother Rajesh Jaikishian and firm Carpet Raya Sdn Bhd, wished a evaluation of one other Federal Court docket’s bench determination final Could, which refused to grant them depart to listen to the deserves of their enchantment to reinstate the three fits initiated by them towards Najib, Rosmah, Azeez, Boustead, Bakti Wira Improvement Sdn Bhd and Cebur Megah Improvement Sdn Bhd.
This follows the three fits being struck out by two separate Excessive Court docket judges, and upheld by the Court docket of Attraction and the apex courtroom dismissing their depart to enchantment final Could.
Nallini mentioned there have been basically two factors raised by lawyer Datuk Malik Imtiaz Sarwar for the appellants, specifically a breach of pure justice and likewise questioning the choice to strike out the fits by the courts beneath with out contemplating an modification.
“With the dearth of try made to amend the pleadings (the assertion of declare or SOC within the Excessive Court docket) to make the purpose clear, it’s not tenable for this courtroom to make impact of this evaluation [application]. The duty to have the suitable for litigants to have a capability to amend [the pleadings] doesn’t lie with the Excessive Court docket decide, however the plaintiffs themselves. That was not carried out on this case.”
The Federal Court docket decide additionally discovered that there was no miscarriage of justice by the earlier bench in barely getting into into the deserves of the case in refusing to grant depart as that bench didn’t exceed its jurisdiction.
“We therefore dismiss the appliance for a evaluation, and we’re not happy with the precept that pure justice had been breached [when the earlier bench] didn’t grant depart,” she mentioned.
Nallini sat along with judges Datuk Abdul Rahman Sebli and Datuk Zabariah Mohd Yusof in making the unanimous determination.
As well as, the apex courtroom bench ordered Deepak and two others to pay a complete of RM100,000 prices to the defendants.
Malik had argued that the Excessive Court docket ought to have allowed his shopper to make amendments to the SOC for higher particulars, and to not summarily permit the hanging out of the fits, as this was one of many questions posed earlier than the bench to reinstate the fits and was famous within the apex courtroom judgement final Could.
Excessive Court docket and Court docket of Attraction struck out fits
Deepak, collectively together with his brother Rajesh and their firm Carpet Raya, filed separate fits in 2018 to hunt damages from the defendants as they claimed they’d acted as proxies on behalf of Najib and Rosmah in sure enterprise transactions — which Najib and Rosmah had each denied — and in doing so had incurred taxes.
Apart from Najib and Rosmah, the appellants additionally named Azeez as a defendant.
They additional filed two fits in 2020, the place Deepak alleged that the defendants had sought to wrongfully deprive him of two plots of land in Kapar, Klang, and one other plot in Bukit Raja, Petaling — with all three plots measuring a collective 223.33 acres (90.38 hectares). He claimed that his authorized actions towards the defendants had been based mostly on the tort of conspiracy, tort of conspiracy to defraud, tort of conversion and the doctrine of undue affect.
The fits had been struck out within the Excessive Court docket and not using a trial being heard, and the subsequent enchantment to the Court docket of Attraction to reinstate the fits was additionally dismissed. The Court docket of Attraction, in affirming the Excessive Court docket’s determination on Sept 20 final yr, dominated that the businessmen’s declare was “clearly unsustainable”.
Robert Lazar, showing for Boustead and Bakti Wira in his submissions on Thursday, mentioned the evaluation was as if the events wished to relitigate the matter, which had already been determined by the apex courtroom, and therefore the evaluation needs to be dismissed.
Datuk David Mathews for Najib and Rosmah knowledgeable the apex courtroom bench that the go well with was doomed for failure, as two separate courts discovered an absence of particulars, and the courtroom beneath was proper in ruling that they amounted to duplicity and multiplicity of proceedings.
“There isn’t a quantity of amendments to the SOC that may have modified the discovering. It isn’t for the courtroom to formulate the declare. That duty has to lie with the solicitors. The courtroom can’t be seen to be getting into into the world to counsel amendments to the SOC.
“They (the appellants) are the authors of their misfortune,” he added.
Datuk Prem Ramachandran for Azeez mentioned his shopper’s involvement was minimal however but named within the go well with, and cited that there was no reason for motion to the federal lawmaker.
Ong Kheng Leong for Cebur Megah mentioned there was inadequate materials for the apex courtroom to grant a evaluation of the earlier bench’s determination.
Learn additionally:
Apex courtroom dismisses businessman Deepak’s enchantment to reinstate two fits towards Najib, Rosmah
Court docket of Attraction dismisses Deepak go well with towards Najib over revenue tax arrears
