Justice Azizah Nawawi, who delivered the unanimous decision of the Court of Appeal three-member panel, said it was a proper case to be struck out as the element of fraud, conspiracy, malfeasance and abuse of process, as claimed by Deepak, J Rajesh and Radiant Splendor Sdn Bhd, had not been made out.
The panel, which also included Justices S Nantha Balan and See Mee Chun, ordered the brothers and their company to pay costs, totalling RM80,000.
Deepak, Rajesh and Radiant Splendor, represented by lawyer V Sham Sunder, wanted their suit to be reinstated and to be sent back to the High Court for trial.
Their lawsuit was struck out by High Court judge Azimah Omar on Jan 13, 2020, after it (the High Court) allowed the applications by Najib, Rosmah, former Tabung Haji chairman Abdul Azeez Abdul Rahim, Najib’s brother Ahmad Johari Abdul Razak and Najib’s former principal private secretary Shukry Mohd Salleh for the suit to be struck out.
Deepak, Rajesh and Radiant Splendor filed the suit in September 2018 claiming that Najib, Rosmah, Abdul Azeez, Ahmad Johari and Shukry had committed tort of conspiracy, fraud, malfeasance and abuse of process and sought general damages.
They claimed that on Shukry’s instruction, they had signed an agreement, dated July 24, 2008, with Bank Kerjasama Rakyat Bhd, giving up their absolute rights and interest in 80 apartment units at Condominium Palazzio Tower B in return for financing facilities of up to RM198,888,750.
Deepak claimed that it was to prevent him from testifying in a civil case involving the murder of Mongolian Altantuya Shaariibuu.
In the court’s decision, Justice Azizah, who chaired the panel, said there were no particulars to link Najib and Rosmah to the allegation that the appellants were their proxies and there were also no particulars as to how Najib and Rosmah benefited from the alleged property arrangement.
She said there was also no linkage between Abdul Azeez, Ahmad Johari and Shukry to the alleged tort of conspiracy, fraud, malfeasance and abuse of process.
In today’s court proceedings conducted online, the court earlier heard submissions from Sham Sunder, and David Matthews, representing Najib and Rosmah, as well as lawyers Dhinesh Bhaskaran, Porres Royan and Farah Shuhadah Razali, who acted for Ahmad Johari, Abdul Azeez and Shukry respectively.
All the counsels representing the respondents had argued that the appeal should be dismissed as the lawsuit filed against their clients was unsustainable.
Sham Sunder, earlier submitted that his clients were proxies of Najib and his wife and were involved in land deals on their behalf, adding that the case involved issues that ought to be tried.