A three-member panel led by Court of Appeal judge Abdul Karim Abdul Jalil unanimously held that there was a point of law that required serious discussion and a triable issue raised by the counsel representing the five former directors.

The appeal was allowed and a High Court decision set aside. The court awarded RM10,000 in costs.

In November 2019, the Kuala Lumpur High Court had allowed an application to strike out a counter-claim filed by the ex-directors.

They are Ismee Ismail, Wan Abdul Aziz Wan Abdullah, Sulaiman Mahbob, Nozirah Bahari and Fazlur Rahman Ebrahim.

They filed the claim against FGV and Azhar Abdul Hamid, Mohd Hassan Ahmad, Dr Othman Omar, Dr Mohamed Nazeeb P. Alithambi, Dr Salmiah Ahmad, Hoi Lai Peng, Yusli Mohamed Yusoff, Dr Nesadurai Kalanithi, Mohd Anwar Yahya and Mohamed Suffian Awang.

In November 2018, FGV had sued its former president and chief executive Mohd Emir Mavani Abdullah and 13 others for RM514 million and other damages. However, the five filed the counter claim against FGV and 10 others.

Four of the defendants were then FGV chairman Mohd Isa Abdul Samad, former chief financial officer Ahmad Tifli Mohd Talha, former vice-president Farisan Mokhtar and former senior general manager Rasydan Alias Mohamed.

Nine others were former non-executive directors – Ismee, Wan Abdul Aziz, Sulaiman, Omar Salim, Noor Ehsanuddin Mohd Harun Narrashid, Yahaya Abd Jabar, Faizoull Ahmad, Nozirah and Fazlur Rahman.

In a filing with Bursa Malaysia, the company said the suit concerned the company’s acquisition of Asia Plantation through a voluntary conditional cash offer in 2014.