Lawyer Gurdial Singh Nijar, who represented Yu, said judge Khadijah Idrus has also fixed April 15 to hear the striking out application.
“The judge has allowed Yu’s application to only file her defence pending the disposal of the striking out application,” he told reporters after case management in Khadijah’s chambers.
Yu, who was a prosecution witness in Najib’s ongoing SRC International trial, was scheduled to file her defence last Friday in response to Najib’s suit.
Last week, she filed the striking out application on grounds that Najib ‘s suit did not disclose any reasonable cause of action and was an abuse of process.
Lawyer Muhammad Farhan Muhammad Shafee, who appeared for Najib, said AmIslamic Bank and AmBank Group, which have been named as defendants, have been given until the first week of March if they also intend to annul his client’s suit.
Farhan said Khadijah has also tentatively fixed the trial from Dec 14 to 17.
At the prosecution stage of the trial, the defence took the position that Yu was working with fugitive financier Low Taek Jho, better known as Jho Low, in manipulating Najib’s accounts.
Najib, in his suit filed last December, claimed that Yu and the bank had breached their duties under banking laws, such as the Financial Services Act and the Banking and Financial Institution Act, to protect his privacy.
Najib alleged that Yu had communicated the details of four of his five bank accounts to Low who, he said, was not the authorised person to manage his accounts.
He claimed that Yu was acting on Low’s advice such as using alternative names for all his accounts ending with the numbers 694, 880, 898 and 906, seeking advice on approving cheques under these four accounts, as well as taking active steps to hide the bank accounts’ statements from him.
Najib also said that during the course of his SRC trial, it was revealed that Yu and Low had communicated on BlackBerry Messenger, or BBM, on the affairs of his accounts.
“Due to the negligence of the bank and Yu in protecting the accounts’ privacy, the unauthorised individual had manipulated the plaintiff’s accounts without his knowledge.
“This had caused political attacks against the account holder and subsequently the account holder was charged under the Malaysia Anti-Corruption Commission (MACC) Act, the Penal Code and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, or Amla, in the SRC case,” Najib said, referring to his ongoing trial.
Najib is seeking aggravated and special damages from Yu and the bank.