Judge Akhtar Tahir delivered his decision during a Zoom hearing. He had previously heard arguments from lawyer Malik Imtiaz Sarwar, representing Zaid, and Tommy Thomas, appearing for the law firm Zaid Ibrahim & Co (ZICO).
In his decision, Akhtar said Zaid had satisfied all the legal requirements in the discovery application. He ordered ZICO to hand over the documents within seven days from today.
The court also awarded RM3,000 cost to Zaid.
Following the decision, Thomas sought a stay order against the discovery of documents pending an appeal by the law firm. However, Akhtar only allowed an interim stay and instructed ZICO to file a formal application to stay his decision before May 19.
Zaid, who is a former minister, had in December last year filed an application for his former partners – Chew Seng Kok and Nik Norzrul Thani Nik Hassan Thani – and Singapore-based ZICO Holdings Inc to disclose documents in their possession to enable him to formulate and plead his action in contract, tort or breach of trust.
He said that when he left ZICO in 2008 to take up his appointment as a minister in the Prime Minister’s Department in charge of legal affairs, he did not take any documents with him.
Zaid also filed a suit against Chew and Nik Norzrul to stop them from using the ZICO name in their practice.
He said that from 1987 to the time he left ZICO, he had built a name for the firm, “particularly in obtaining empanelment with financial institutions and government-linked corporations”.
Zaid said that in 2018, he wrote to Chew and Nik Norzrul, requesting them to cease using the name ‘ZICO’ and to return it to him so he could start his own practice. However, he said, his request was not adhered to.
Meanwhile, another High Court judge, Ahmad Bache, will hear ZICO’s attempt to strike out Zaid’s lawsuit over the use of his name today.
The law firm wants the court to dismiss Zaid’s suit on grounds that he sold all his stake in the firm before joining Abdullah Ahmad Badawi’s Cabinet.
In an immediate response, ZICO said they will appeal the decision.
The court’s decision today will have no bearing on their practice, the firm said.
“It is business as usual and the firm looks forward to continuing to be a leading Malaysian law firm with market-defining insights while maintaining our corporate reputation for trust and the highest standards of professionalism for our clients.”
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