PUTRAJAYA (Sept 18): Businessman Tan Sri Halim Saad is seeking leave to appeal to the Federal Court after failing in the Court of Appeal last month to reinstate his RM1.8 billion lawsuit against Tun Dr Mahathir Mohamad, Tan Sri Nor Mohamed Yakcop and the government over his failed 2001 attempt to buy a 32.69% stake in Renong Bhd and take over United Engineers Malaysia Bhd.
The motion for leave was filed through Messrs Surendra Ananth on Wednesday.
On Aug 18, a three-member Court of Appeal bench led by Datuk Supang Lian dismissed Halim's appeal, saying he should have raised the issue in a 2013 suit he filed against Nor Mohamed (who was then Mahathir's special economic adviser), Khazanah Nasional and the government.
"The principle of res judicata applies on constitutional challenges and the claim is also time-barred under the Limitation Act 1953, and this limitation period also applies in striking out of the suit under the Public Authorities Protection Act 1948. This (Halim’s) case is distinguishable with the Semantan Estate (1952) Sdn Bhd case as the government had continued to trespass (in occupying the land)," the appeals court had ruled.
“That (Semantan case) is different from this case. This bench is satisfied that this is a plain and obvious case for the High Court to strike out the matter. There is no merit in this appeal and we dismiss the appeal,” Supang had said.
In the 2013 civil suit at the High Court, Halim claimed that he had been cheated. The tycoon fought the case all the way to the Federal Court, but lost in 2015.
In the fresh suit filed in August 2023, Halim alleged that Mahathir, Nor Mohamed and the government worked together to make him lose control of Renong, which also caused him to lose control of UEM and its valuable assets. He claimed this caused him financial losses and violated his constitutional rights.
The UEM-Renong deal goes back to a RM2.3 billion purchase of a 32.69% interest in parent Renong executed by UEM in 1997.
In 2001, it was reported that following public uproar, the Securities Commission Malaysia compelled Halim, who was then the controlling shareholder in Renong, to buy back the stake from UEM. Before this could be completed, Khazanah Nasional launched a takeover of the entire Renong group, which included UEM, for RM4 billion.
In the leave application filed on Wednesday, Halim raised four questions for determination by the Federal Court, including whether a claim against the government for a breach of any of the fundamental liberties in Part II of the Federal Constitution is subject to the Limitation Act or Public Authorities and Protection Act, and whether an unremedied breach of constitutional rights under the constitution is a continuing wrong and not subject to the two Acts.