Irwan’s counsel, Lavinia Kumaraendran, said the application would be heard before High Court judicial commissioner Amarjeet Singh.
“The hearing date was fixed by senior assistant registrar Azlinda Ahmad Sharif during case management today,” she said.
Irwan, who is the second defendant, filed the application on Feb 18 claiming that, among others, the suit against him was premature as Brazen Sky Ltd’s investment as well as Aabar Investments PJS Ltd’s payment were clearly unsustainable as the court had yet to determine that 1MDB suffered losses of US$1.83 billion and US$3.5 billion, respectively.
He also claimed that he did not have any contractual, statutory or fiduciary obligations to 1MDB because his appointment as a director was after the losses had allegedly been suffered by 1MDB.
According to Irwan, the claim of loss allegedly suffered by 1MDB was an abuse of the court process as 1MDB had obtained money as soon as the settlement was reached in the civil suit with other parties filed by the sovereign wealth fund.
1MDB, which filed a suit against Arul Kanda and Irwan in May last year, alleged that the two defendants had committed breach of trust and conspiracy, causing 1MDB to suffer losses amounting to US$1.83 billion in relation to its investment in 1MDB-PetroSaudi Ltd, which was converted into the alleged Brazen Sky investment said to be found in the Bridge Global Fund.
1MDB also alleged that the two defendants committed breach of trust and conspiracy by misappropriating 1MDB money amounting to US$3.5 billion paid to Aabar Investments and US$1.265 billion paid to IPIC on May 9, 2017.
It claimed that Irwan also conspired with Arul Kanda to cause the company to implement the employment extension agreement and made a substantial payment of RM2,905,200 to Arul Kanda in accordance with the agreement, regardless of 1MDB’s interests, causing the company to suffer losses and damage.
1MDB demanded that the two defendants pay US$6.59 billion for the breach, and an additional RM2.9 million from Irwan in relation to the employment extension agreement.