PUTRAJAYA (Feb 11): The leave to appeal hearing of former premier Datuk Seri Najib Razak and his son Datuk Nazifuddin Najib concerning a summary judgment entered against them over unpaid taxes of RM1.69 billion and RM37.64 million respectively that was initially fixed for next Wednesday (Feb 16) has been vacated for another three months and will now be held on May 10 instead.
The Federal Court on Friday (Feb 11) has allowed the initial Feb 16 hearing to be vacated after case management earlier which saw the Inland Revenue Board (IRB) informing the court it had applied for adjournment on Feb 8 as one of their revenue counsel tested positive for Covid-19.
“The IRB sent their adjournment letter on Feb 8 and the Federal Court allowed their adjournment application on Feb 10,” Wee Yeong Kang from Messrs Shafee & Co, who is one of the counsels for Najib and Nazifuddin, told theedgemarkets.com when contacted.
The date was fixed by the apex court's deputy registrar Rasidah Roslee.
The Malaysian government via the IRB was represented by Sakinah Najwa Hussin, while Abhilaash Subramaniam was amicus curiae (friend of court) for the Malaysian Bar.
On Oct 29 last year, the Federal Court had set next Wednesday (Feb 16) to hear the motion seeking leave to appeal at the apex court filed by Najib and his son.
Nine questions of law had been brought before the Federal Court for consideration in hearing the full appeal.
When civil cases are brought to the apex court, leave (permission) has to be granted before the merits of the appeal can be fully heard.
Wee pointed out that on Oct 21 last year, the Court of Appeal had allowed his clients a stay of execution pending the disposal of their leave to appeal to the Federal Court.
Najib and Nazifuddin have submitted a motion for leave to appeal after the appellate court in September last year dismissed their appeal against the summary judgement entered on them by the High Court ordering them to pay the outstanding amounts.
Both appellants reportedly obtained an interim stay of the Court of Appeal’s decision as the IRB also filed a bankruptcy case against them.