Ling was also ordered to pay Najib RM5,000 in costs.

His lawyer Yeoh Cho Kheong said judge Nor Bee Ariffin wanted the suit to proceed with calling of witnessses as there were triable issues.

He said the court would be able to decide whether Najib was suing in his personal capacity or as public officer after a full trial.

“The court did not accept our argument that the prime minister had no locus standi and his suit was an abuse of court process,” he said, referring to the ruling delivered by Nor Bee in chambers.

Yeoh said the trial would be heard before justice Nordin Hassan as Nor Bee has been transferred to the family court.

The judgment was delayed as Nor Bee was awaiting for a Federal Court ruling in a defamation suit filed by Pahang Menteri Besar Adnan Yaakob against Utusan Melayu (M) Berhad.

In February last year, the apex court declined to hear Adnan’s appeal whether he filed the case in his official capacity. Instead, it referred the matter back to the High Court.

Both Adnan and the publisher settled the matter out of court last August without having to go for trial.

Ling filed the application to strike out Najib’s suit on Feb 15, 2016.

In Sept 2016, Ling’s lead counsel Ranjit Singh told the court that Najib lacked legal standing as the suit was done in his official capacity.

He said Najib’s statement of claim revealed that the plaintiff (Najib) complained that the attack on his reputation was made on the basis of his public office and as chairman of the 1MDB advisory board.

Ling alleged Najib had misappropriated public funds from 1MDB and placed them in his personal bank accounts to gain wealth and profit, allegations rejected by the prime minister, who said the money was a donation from Saudi Arabia to help Umno’s 2013 election campaign.