KUALA LUMPUR (Feb 9): The High Court on Thursday (Feb 9) allowed 1Malaysia Development Bhd (1MDB) and its subsidiary companies to amend their writ and statement of claim (SOC) in relation to the suit against fugitive Low Taek Jho (Jho Low), Eric Tan Kim Loong and Jho Low’s mother Puan Sri Goh Gaik Ewe.
The order was allowed by judge Hayatul Akmal Abdul Aziz following the hearing of the application by 1MDB, along with 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd and Global Diversified Investment Co Ltd (previously known as 1MDB Global Investments Ltd in British Virgin Island) on Thursday (Feb 9).
This is the third amendment to the writ and SOC after typographical errors occurred in the previous ones, but it does not change the nature of the suit or the quantum as such.
When contacted by The Edge on Thursday, 1MDB’s counsel Wong Chee Lin from Messrs Skrine confirmed this outcome.
“We obtained order in terms of our re-amendment of the writ and SOC this morning,” she said.
A file search on the case revealed that the amendment was to indicate and give effect to the claim made by 1MDB Energy and 1MDB Energy (Langat) against Jho Low, Tan and Goh for a sum of RM1.695 billion.
The amendment, however, stated no change to the character of the dispute in the action, and would not prejudice other parties in this claim.
The suit against Jho Low, his siblings Low Taek Szen and Low May Lin, along with Tan, Goh and Jho Low’s father Tan Sri Larry Low Hock Peng was filed by 1MDB in May 2021, to recover a huge amount said to be lost by 1MDB.
1MDB had sued those individuals for fraudulent concealment, knowing receipt, fraudulent misappropriation of funds, unjust enrichment, breach of trust and conspiracy.
In total, 1MDB companies are seeking an amount in excess of US$3 billion from the six of them.
On March 15, 2022, 1MDB and Global Diversified Investment Company obtained the ex-parte Mareva injunction — which was further affirmed on April 20 — where the companies applied to freeze US$1.03 billion of Jho Low’s assets and another US$401.5 million of Hock Peng’s assets, which are said to be related to 1MDB.
In addition, Hayatul Akmal had imposed a custodial sentence on Jho Low and Hock Peng last Oct 17, for not abiding by the Mareva injunction.