PUTRAJAYA (Oct 6): National Feedlot Corporation Sdn Bhd (NFC), its chairman Datuk Mohd Salleh Ismail and three others were ordered by the Court of Appeal on Thursday (Oct 6) to pay costs of RM5,000 to Public Bank Bhd, following their counsel Tan Sri Muhammad Shafee Abdullah seeking an adjournment to the hearing of their appeal due to an ailment.

Judge Datuk Azizah Nawawi, who led the bench, allowed Public Bank’s counsel Yoong Sin Min, who addressed the bench, that they are seeking costs of RM10,000 as she cited that this was the seventh adjournment with regards to this appeal and this was the second circumstances due to the counsel being unavailable.

“The court should give some fairness to us as well, as my client (Public Bank) has been asking about this case as we are only told this morning [that] they are seeking an adjournment. This is the second adjournment sought on a personal note, as the first was due to him (Shafee) having to be in the United States and today, with his ailment.

“The court has to make sure that we do not have to face this (postponement) again, as we had already prepared for the case. We want the court to note that this should be the final adjournment, as this appeal has been delayed since they filed the appeal in 2019,” Yoong said.

The other adjournment sought was due to Shafee having to represent Datuk Seri Najib Razak pertaining to Najib’s ongoing cases.

Sarah Abishegam, NFC’s counsel, informed the court that prior adjournments, besides appearing for Najib, were due to Covid 19 and the Movement Control Order (MCO) and it was beyond their control but Shafee is the lead counsel to this case, and he is unwell.

She said they have provided a medical certificate from KPJ Damansara’s ENT (ear, nose throat) specialist.

“We apply for a short adjournment for this case, to be fixed for hearing at another date. If costs were to be awarded, we offer RM1,000,” Sarah said.

Following this, Azizah, who sat with Datuk Lee Heng Chong and Datuk Hashim Hamzah, awarded costs of RM5,000 to be paid by NFC, Salleh and the other appellants for the adjournment and directed that this would be the final adjournment.

On July 29, 2019, the High Court dismissed a RM560 million suit brought by NFC, Salleh, along with three other companies against Public Bank over alleged a breach of contract in protecting information in their bank accounts.

NFC, Salleh and its three subsidiary companies — National Meat and Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd and Real Food Company Sdn Bhd — had filed the suit against the bank for breach of contract in protecting the confidentiality of their bank accounts. 

Salleh is the husband of former Umno Wanita chief Tan Sri Shahrizat Abdul Jalil.

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