Former minister Zaid Ibrahim intends to utilise evidence from the declassified 1MDB audit report to reinstate his suit against former premier Najib Abdul Razak, his stepson Riza Aziz and 1MDB for breach of fiduciary duty.
This will be done when the appeal is heard at the Court of Appeal, his lawyer Americk Singh Sidhu told Malaysiakini when contacted.
The matter came up for case management today before the appellate court deputy registrar Aina Azahra Arifin.
The next case management has been fixed on Aug 9, a date initially set to hear Zaid's appeal. However, according to Americk, 1MDB's lawyers had applied to discharge themselves.
On Nov 17, Kuala Lumpur High Court judicial commissioner Rohani Ismail struck outZaid's US$731 million suit on the grounds that it had no reasonable course of action and that the court considered it frivolous and vexatious, and an abuse of the court process.
Justice Rohani had ruled that for the suit to result in a derivative action, Zaid must have had obtained permission from the court, which he did not.
At the time the striking-out application was heard, the 1MDB audit report was still listed as classified.
It was only declassified when the new government under Pakatan Harapan came to power following the May 9 general election.
Zaid filed the representative action suit on Sept 2, 2016, against Najib, Riza, 1MDB and the BN government for breach of fiduciary duty.
The suit sought for the US$731 million deposited into Najib’s bank accounts to be returned to the government, along with RM42 million received from 1MDB subsidiary SRC International Sdn Bhd. - Mkini
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