Lawyer Mohamed Haniff Khatri Abdulla said Najib and state investor 1MDB filed their notice of appeal on Jan 11 while the government on Jan 15.
Haniff, who is representing a group of opposition youth members, said copies of their notices were extended to his legal firm.
The lawyer said Justice Hue Siew Keng would deliver her ruling on Jan 29 whether to allow Najib, 1MDB and the government a stay from filing their defence pending the outcome by the Court of Appeal.
Today, Hue heard applications from the three defendants why they should not be compelled to reveal their defence.
Najib was represented by lawyer Mohd Hafarizam Harun, 1MDB by Cairns Tsn and the government by Zureen Elina Mohd Don.
Haniff said he submitted before Hue in chambers that the applications should be dismissed as they did not reveal any special circumstances.
“What do Najib and 1MDB have to hide in revealing public documents?” he told reporters.
Haniff said the plaintiffs would be prejudiced if the stay was allowed as they would be deprived of an expeditious trial.
Meanwhile, Hafarizam said his client asked for a stay as the plaintiffs did not have legal standing as the matter between 1MDB and IPIC was settled out of Malaysia.
“This court has no jurisdiction to entertain the suit,” he said, adding that the appeal would be nugatory if defence was filed.
Hafarizam said it would be a waste of time and costs if the Court of Appeal allowed Najib’s appeal.
“This is an exceptional case to prevent injustice and abuse of process,” he added.
On Jan 9, Hue had dismissed applications by Najib and the two to strike out the suit, stating the plaintiffs had an arguable case and the matter must go for trial.
Haniff said the three defendants also failed to provide sufficient materials for the court’s consideration to annul the suit.
Last July, the group, calling itself Gerakan Anakmuda Tolak Najib (Ganti), comprising opposition youth members, sought a court order that the settlement agreement between IPIC and 1MDB at the London International Court of Arbitration on May 11 be declared invalid.
Ganti also sought to compel Najib, the government and 1MDB to provide detailed accounts of all money paid to IPIC and its subsidiary, Aabar Investment PJS.
It claimed the consent award agreed on between IPIC and Aabar Investment PJS in London was wrong and fraudulent.
The group said it was forced to sue Najib and the other two as no action had been taken against those who made the “fraud payments” to the British Virgin Island-registered Aabar Investment PJS Limited, or Aabar BVI, which IPIC claimed was not its subsidiary.
IPIC’s subsidiary is Aabar Investment PJS (without the Limited).
As per the settlement, 1MDB said it would, among others, make certain payments to IPIC and would assume responsibility for all future interest and principal payments for two bonds issued by the 1MDB group of companies, due in 2022.
1MDB previously claimed it had paid IPIC’s subsidiary, Aabar BVI, a total of RM3.51 billion between 2012 and 2014.
However, IPIC disputed this in 2016, claiming it never received the money.
According to filings with the London Stock Exchange, IPIC said it would receive US$1.2 billion in two equal payments on July 31 and Dec 31.
The state investor has already settled these amounts.