KUALA LUMPUR (April 19): Imprisoned former prime minister Datuk Seri Najib Razak's application to set aside an ex-parte (one-sided) Mareva injunction imposed on him by 1Malaysia Development Bhd (1MDB) will go on as scheduled on May 26.

This followed High Court judge Atan Mustaffa Yussof Ahmad denying Najib's application to adjourn the matter, pending an appeal for the ex-Pekan lawmaker to attend the proceedings, on Wednesday (April 19).

Alaistair Brandah Norman, representing Najib confirmed the matter with The Edge when contacted.

A Mareva injunction is a court order that restrains the defendants in a suit from dissipating or disposing of their assets before a disposal of or a decision on legal action brought against them.

Najib's application is in relation to the High Court judge's decision last Novemebr where judge Atan Mustafa dismissed Najib’s bid to attend the hearing of the inter-partes Mareva injunction and his attempt to set aside the order.

Alaistair explained that they are appealing this decision at the Court of Appeal (COA), but a hearing date has yet to be fixed as parties could not find a common date.

Earlier this month, they wrote to the High Court informing them of this development while seeking to adjourn the Mareva injunction hearing in light of the ongoing appeal.

The matter came up before the High Court judge on Wedneday.

Najib's application to set aside the ex-parte Mareva injunction and for the inter-partes hearing of the injunction will now be heard on May 26.

He is currently serving a 12-year prison sentence, as the apex court has dismissed his final appeal in the RM42 million SRC International Sdn Bhd case last August.

In February last year, 1MDB along with Global Diversified Investment Company Ltd (previously known as 1MDB Global Investment Ltd or 1MDBGIL) obtained an ex-parte Mareva injunction from the High Court (commercial division) against Najib in relation to their claim of US$681 million (RM3 billion).

However, the former prime minister was allowed to withdraw RM100,000 monthly to meet his expenses.

Najib had applied to set aside the ex-parte Mareva injunction in February last year, citing that he does not have the amount and that US$620 million had been returned to the donor.

A Mareva injunction is a court order which essentially freezes the defendant's assets to prevent any transfer of said assets that a plaintiff is seeking to recover.

The Mareva injunction in this case is part of a larger US$8 billion civil suit against the former prime minister and seven others on the grounds of financial loss due to abuse of power and breach of fiduciary duties over the 1MDB scandal.

The plaintiffs had also named former 1MDB executives Terence Geh, Casey Tang, Jasmine Loo and Nik Faisal Ariff Kamil as defendants.

Geh was 1MDB deputy chief financial officer and Loo is its former general counsel, while Tang was its executive director of business development and former chief investment officer. Nik Faisal was its chief executive officer. All four individuals are still at large.

Separately, Najib also faces another Mareva injunction revolving assets amounting to RM42 million in a separate suit.

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