KUALA LUMPUR (June 17): Businessman Tan Sri Halim Saad has filed an appeal against the High Court's decision last month to strike out his lawsuit against the government, former prime minister Tun Dr Mahathir Mohamad and former minister Tan Sri Nor Mohamed Yakcop over the government's acquisition of a 32.69% stake in Renong Bhd from United Engineers Malaysia Bhd (UEM) in early 2000.
The notice of appeal was filed in the Court of Appeal on June 11 by the 71-year-old corporate figure's solicitor from Messrs Surendra Ananth. The appellate court on Sunday, via email, fixed Sept 9 for case management of the appeal.
On May 9, the High Court allowed the government’s striking out application, ruling that the court was bound by the principle of stare decisis (to stand by things that had been decided in previous precedents) in the Asia Commercial Finance case.
Judicial Commissioner Dr Suzana Muhamad Said said the case was similar to Halim's previous suit on the same matter, which was filed in 2013 and had been disposed of.
In his second action, Halim cited his rights under Articles 8(1) and 12 (1) (2) of the Federal Constitution. Article 8 (1) concerns equality before the law, and Article 12 (1) (2) concerns the right of Malaysians to have property, which the businessman claimed had been violated following alleged false sales.
Suzana in her decision ruled that the issue of the limitation period and the principle of res judicata (a case may not be relitigated once it has been judged on its merits) applied.
“There is a reason why there is a limitation to bring [on] this action, as it is to stop unnecessary action [from] being taken after a period of time," she said.
Following the dismissal, the JC ordered Halim to pay costs of RM10,000.
'Concerted efforts by authorities'
Halim filed the second suit in August last year claiming that Mahathir, Nor Mohamed, and the government had caused him to suffer losses as a result of concerted efforts by the authorities to stop his bid to take over UEM, which then owned prized assets including the North-South Expressway’s toll concession.
He claimed that upon instructions from Mahathir, Nor Mohamed — in his capacity as a special economic adviser to Mahathir — the government proceeded with the purchase of a 32.69% stake in Renong from UEM.
This, Halim added, was pursuant to the put option exercised by UEM in December 2000, giving Halim the right to buy the 32.69% stake in Renong from UEM for RM3.165 billion.
The Renong shares would only be transferred to Halim upon full settlement of the payment sum. Halim claimed he made the first payment of RM100 million to UEM on Feb 14, 2001 for the share purchase. An extension until Sept 12 was granted for the second instalment, as Halim needed more time to raise funds.
At the same time, Halim was also planning a bid to take UEM private. He claimed that he had acquired financing for the share purchase and the general offer to buy out UEM then.
According to the suit, Halim was summoned to meet Mahathir, and subsequently Nor Mohamed on July 12, 2001.
Halim alleged that he was then directed not to execute his takeover plan, and not to complete the purchase of UEM shares via the put option.
“The collective and concerted actions of the defendants resulted in my loss of control of Renong, which also meant indirect loss of control of UEM and its highly valuable assets,” Halim said in his statement of claim.
In the first suit filed in 2013, Halim claimed RM1.8 billion from the government, Khazanah Nasional Bhd and Nor Mohamed after alleging that he was cheated in the deal. He fought all the way to the Federal Court, but lost in 2015.