KUALA LUMPUR (Nov 28): Lebanese jeweller Global Royalty Trading SAL's US$14.57 million (RM68.08 million) lawsuit against Datin Seri Rosmah Mansor over 40-odd "missing" pieces of jewellery will go to full trial.
This follows High Court judge Ong Chee Kwan dismissing the international jeweller's application for a summary judgement against Rosmah because it was not a fit and proper case to enter such a judgement, as there were triable issues which ought to be ventilated.
The court also allowed Rosmah's security for cost application, and fixed the cost at RM75,000, which is to be paid by the Beirut-based firm to the court a month from Tuesday.
During Tuesday's proceedings, Rosmah was represented by Rajivan Nambiar and Mohd Reza Rahim, while Global Royalty was represented by Datuk David Gurupatham and Venothani Rajagopal.
Counsels of both parties confirmed the matter when contacted by The Edge.
These applications are part of an ongoing lawsuit by the Lebanese firm against Rosmah for breach of contract over 43 pieces of jewellery, which are allegedly missing following a raid by the authorities in 2018.
Global Royalty, which boosts A-lister clientele like Oprah Winfrey and Angelina Jolie, filed the summary judgement application on the grounds that Rosmah had failed to return or pay the amount sought, and that there is no meritorious defence in her defence statement.
"[The court ruled that] this is not a fit and proper case to enter judgement summarily, as there are issues which need to be ventilated at trial," Rajivan said when contacted.
As for the security for cost application, the wife of imprisoned former prime minister Datuk Seri Najib Razak filed the application, arguing that if she is successful in the lawsuit, she would have trouble seeking costs from Lebanese-based Global Royalty, as it is outside the jurisdiction of the Malaysian courts, and Malaysia would not have a reciprocal enforcement judgement in Lebanon.
Rosmah sought for the jewellery company to pay the security for costs of US$1 million or its equivalent in Malaysian ringgit within 14 days of the court order.
"The security for costs was fixed at RM75,000, with liberty to apply to vary the amount, before the trial once parties exchange documents or in the event experts are going to be called," Rajivan added.
The firm had refiled the US$14.57 million suit back in April this year for the pieces of jewellery which were despatched to Rosmah in February 2018.
In her statement of defence, Rosmah said there were companies like Global Royalty which sought publicity for their products, and wanted her to be their customer. She added that items would be sent to her to attract buyers, and she was not obligated to purchase them.
In reply, the firm said that it was a "well established and renowned jeweller" operating internationally, and did not need additional publicity from Rosmah.
Rosmah has also contended that if the 43 pieces of jewellery were lost, the police or the Malaysian government should be made responsible for the losses.
She has also initiated third-party proceedings against the police and the government, which is now fixed for case management on Dec 14.
A defendant can initiate this against a third party, who is not part of the main suit, in order to claim contribution, indemnity or any remedy which is claimed by the plaintiff.