The wife of former prime minister Najib Razak said, as such, the suit is incompetent and unsustainable.
In her defence filed against Global Royalty Trading SAL, she said the plaintiff had no reasonable cause of action against her, adding that the suit was also an abuse of the court process.
She also said the suit had been filed in wrong jurisdiction and ought to have been brought in a New York court since the plaintiff was relying on a primary document which originated from there.
Global Realty filed the suit on March 29 this year over a consignment which it claimed included diamond necklaces, earrings, rings, bracelets and tiaras, each valued at between US$124,000 (RM555,300) and US$925,000 (RM4.14 million).
It claimed the consignment, alleged to have been hand-delivered to Rosmah by two agents on Feb 10, 2018, has not been returned.
However, Rosmah claimed the jewellery was no longer in her possession as it was seized by the authorities and placed in their custody.
In 2019, the government filed a forfeiture suit to seize 11,991 items of jewellery, 401 watch straps, 16 watch accessories, 234 pairs of spectacles and 306 handbags, as well as cash in various denominations amounting to more than RM114 million.
The seizure was carried out in connection with an investigation into the 1MDB financial scandal.
The government’s forfeiture application was rejected after the High Court ruled that the prosecution had failed to show the items were purchased using proceeds from unlawful activities related to 1MDB.
The items were ordered to be returned to Rosmah.
Global Royalty said it only managed to recover a diamond bracelet valued at US$220,000, leaving the rest, which became the subject matter of the civil suit, unaccounted for.
In the alternative, Rosmah says the plaintiff wanted to enlist her as a client in a bid to gain publicity since she was the wife of a prime minister.
“The jewellery was handed to the defendant (Rosmah) to be inspected in order to get publicity and enhance the plaintiff’s credibility among potential buyers,” said the defence statement filed by Messrs Reza Rajiv & Sanjivan yesterday.
The defence said a consignment note delivered to Rosmah on May 22, 2018 regarding the status of the valuables was not in order, was incomplete, and falsified with the aim of committing fraud.
It also claimed Rosmah had taken reasonable steps to ensure the safety of the jewellery, details of which will be revealed during the trial.
As such, Rosmah denies any liability for loss of the jewellery which was seized by the police according to legal process, the defence said.
Rosmah said any memorandum she signed with the plaintiff or its agent was contractually frustrated by the confiscation of the jewellery.
She also said she had no intention to create any legal relationship with the plaintiff following her inspection of the jewellery.
Rosmah’s lawyer, Rajivan Nambiar, said the plaintiff has been given until June 27 to reply to her defence following a case management presided over by High Court deputy registrar Rini Triany Ali.