KUALA LUMPUR (Sept 6): Former 1Malaysia Development Bhd (1MDB) board member Tan Sri Mohd Irwan Serigar Abdullah has failed in his bid to bring in six individuals as third parties in the US$6.59 billion (RM28.56 billion) lawsuit filed by the state-owned fund against him.

The High Court on Friday allowed the application by the six individuals to strike out Irwan’s attempt to institute the third-party proceedings against them. Under third party proceedings, people other than the plaintiff and defendant are brought in to be parties in the action.

Judicial Commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan in his decision said there was an “inordinate delay” in bringing the third party action as the trial is set to begin on Sept 9.

The third parties that Irwan wanted to bring in are 1MDB board members Datuk Kamal Mohd Ali and Datuk Seri Norazman Ayob; former 1MDB chief financial officer Azmi Tahir, former 1MDB chairmen Tan Sri Lodin Wok Kamaruddin and Datuk Seri Asri Hamidon, and its current chairman Datuk Seri Johan Mahmood Merican.

On Wednesday, Raja Ahmad Mohzanuddin had also dismissed Irwan and former 1MDB president Arul Kanda Kandasamy’s bid to dispose of the case on a point of law.

The judicial commissioner ordered the case to go on full trial. Last year, Arul Kanda and Mohd Irwan also failed in another bid to strike out the suit on a point of law.

The court had been informed by their lawyers that they intend to appeal the decision of the disposal.

1MDB filed the suit in May 2021 and claimed that both Arul Kanda and Mohd Irwan were liable for breach of duties and breach of trust, resulting in the company suffering losses amounting to US$1.83 billion in relation to its investment in 1MDB-PetroSaudi Internaional Ltd, which was converted into stakes in Brazen Sky Ltd and then converted into an investment in Bridge Global Fund.

It also alleged that Arul Kanda and Mohd Irwan committed breach of trust and conspiracy by misappropriating US$3.5 billion of 1MDB money and paying it to Aabar Investments PJS Ltd — a shell company pretending to be a subsidiary of International Petroleum Investment Company (IPIC) — and subsequently paying another US$1.265 billion to IPIC in May 2017.

1MDB also claimed that Mohd Irwan had conspired with Arul Kanda to cause the fund to implement an employment extension agreement that resulted in it paying RM2.91 million to Arul Kanda, regardless of 1MDB's interests, causing it to suffer losses and damage.

Among others, the strategic development company is seeking RM30.91 billion from the duo as a result of the purported breaches, and the return of the RM2.91 million from Mohd Irwan in relation to the employment extension agreement.