PUTRAJAYA (Jan 7): The Federal Court has rejected Tan Sri Halim Saad’s bid for leave to appeal in his RM1.8 billion lawsuit against former prime minister Tun Dr Mahathir Mohamad, ex-minister Tan Sri Nor Mohamed Yakcop and the government, ending the businessman's second attempt to sue over his failed takeover attempt of a 32.69% stake in Renong Bhd from United Engineers Malaysia Bhd (UEM) 25 years ago.
A three-member Federal Court panel chaired by Chief Judge of Malaya Datuk Hashim Hamzah unanimously held that the four questions of law proposed by Halim for the appeal did not meet the threshold under Section 96 of the Courts of Judicature Act 1964.
Halim asked the Federal Court to clarify whether claims against the government for breaching fundamental constitutional rights are limited by the Limitation Act or the Public Authorities Protection Act, and whether ongoing breaches of constitutional rights count as a continuing wrong not covered by these Acts, among others.
“Having considered the proposed questions submitted by the applicant, we are of the view that they do not meet the threshold set out under Section 96,” the judge said.
The panel of judges included Datuk Azizah Nawawi and Datuk Azimah Omar. The bench held that the questions raised neither involved novel issues nor questions of importance that warranted further argument or determination by the Federal Court.
The apex court also ordered Halim to pay RM60,000 in costs to the respondents.
Halim’s first civil suit over the failed takeover was filed in 2013, claiming he was cheated. He took the case 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.
Halim had sought leave to appeal following the Court of Appeal's decision last year to dismiss his bid to revive the suit, which was struck out by the High Court on May 9, 2024, for being time-barred under the Limitation Act and the Public Authorities Protection Act.
The Renong-UEM 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 Bhd launched a takeover of the entire Renong group, which included UEM, for RM4 billion.
Lawyers Datuk Malik Imtiaz Sarwar, Surendra Ananth and Yvonne Lim represented Halim, while senior federal counsel Hanir Hambaly @ Arwi and federal counsel Imitiyaz Wizni Aufa Othman appeared for the respondents.