KUALA LUMPUR (Dec 14): Datin Seri Rosmah Mansor's application to include the government and the police as third parties in Lebanese jeweller Global Royalty Trading SAL's suit against her will be heard in February next year.
Rosmah's counsel Rajivan Nambiar told the media that the hearing was fixed for Feb 19 before High Court judge Ong Chee Kwan.
This is with regard to the international jeweller's US$14.57 million (RM68.08 million) lawsuit against the wife of imprisoned former prime minister Datuk Seri Najib Razak.
The Beirut-based firm, which boasts an A-lister clientele including celebrities Oprah Winfrey and Angelina Jolie, refiled its suit against Rosmah earlier in April for breach of contract over 43 pieces of jewellery allegedly missing, following a raid by the authorities after the May 2018 general election in Malaysia.
The 72 year-old, meanwhile, countered that 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 under no obligation to purchase them.
She also contended that if the pieces of jewellery were indeed missing, the police or the Malaysian government should be made responsible for the losses.
In her application to initiate third-party proceedings filed last month, Rosmah reiterated that the pieces of jewellery in contention were not in her possession and had been confiscated by the authorities.
In the event that the court rules against her, Rosmah is seeking for the authorities to return the jewellery back to the Beirut-based firm. If they fail to do so, she is asking for the government and the police to pay the sum demanded by the Lebanese firm.
A defendant can initiate third-party proceedings against those not part of the main suit, in order to claim contributions, indemnity or any remedy which is claimed by the plaintiff.
Late last month, the High Court dismissed the jeweller's application for a summary judgement against Rosmah because there were triable issues which ought to be thrashed out in a full trial.
The firm filed the summary judgement application on the grounds that Rosmah had failed to return or pay the amount sought, and that there is no merit in her defence.
The court also allowed Rosmah's security for cost application, and fixed the cost at RM75,000.
Rosmah had filed the application on the grounds that if she is successful in the lawsuit, she would have trouble seeking costs from the Lebanese firm, as it is outside the jurisdiction of the Malaysian courts, and Malaysia would not have a reciprocal enforcement judgement in Lebanon.
In this action, Rosmah is represented by Rajivan Nambiar and Mohamed Reza Rahim, while Global Royalty is represented by Datuk David Gurupatham and Venothani Rajagopal.