Irwan’s lawyer, Lavinia Kumaraendran, said the new date was fixed as Arul Kanda only filed his striking-out application last month.
Irwan filed his application in February, and judge Amarjeet Singh was scheduled to hear it today.
“In a case management last week, the parties agreed to have both applications heard simultaneously on Oct 19,” Lavinia told FMT.
She said another case management would be held on Aug 16 to ensure all documents were filed and in order for a smooth proceeding on Oct 19.
Irwan, the second defendant, filed the application claiming that the suit against him was premature as the investment in Brazen Sky Ltd and the payment to Aabar Investments PJS Ltd 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 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 the company.
According to Irwan, the claim of loss allegedly suffered by 1MDB was an abuse of the court process as the company had obtained money as soon as the settlement was reached in the civil suit with other parties filed by the sovereign wealth fund.
1MDB filed the suit against the duo in May last year, alleging that they committed breach of trust and conspiracy and caused it to suffer US$1.83 billion in losses 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.
It 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$1.27 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.