A three-judge panel chaired by Chief Judge of Malaya Hashim Hamzah unanimously held that the four legal questions proposed by Halim failed to meet the threshold under Section 96 of the Courts of Judicature Act 1964.
The legal questions for the consideration of the apex court included whether a claim against the government for a breach of any of the fundamental liberties under the Federal Constitution is subject to the Limitation Act 1953 or the Public Authorities Protection Act 1948.
“Having considered the proposed questions submitted by the applicant, we are of the view that they do not meet the threshold set out under Section 96,” Hashim said.
Justices Azizah Nawawi and Azimah Omar also sat on the panel.
The court said the questions raised involved neither novel issues nor questions of importance warranting further argument or determination by the Federal Court.
As a result, Halim’s attempt to reinstate his lawsuit against former prime minister Dr Mahathir Mohamad, former second finance minister Nor Mohamed Yakcop and the government came to an end.
The apex court also ordered Halim to pay the respondents RM60,000 in costs.
Halim sought leave to appeal following the Court of Appeal’s decision last year dismissing his bid to revive the suit, which was struck out by the High Court on May 9, 2024 for being time-barred under the Limitation Act and the Public Authorities Protection Act.
In the struck-out suit filed in August 2023, Halim alleged that Mahathir, Nor Mohamed and the government had acted in concert to deprive him of control over Renong and UEM, causing him financial losses and violating his constitutional rights.
Halim also filed a civil suit against Nor Mohamed in 2013, claiming that he had been cheated.
He pursued the case up to the Federal Court but lost in 2015. He filed the fresh suit in 2023.
Lawyers Malik Imtiaz Sarwar, Surendra Ananth and Yvonne Lim represented Halim while senior federal counsel Hanir Hambaly @ Arwi and federal counsel Imitiyaz Wizni Aufa Othman appeared for the respondents.